Part of the Bay Area News Group

MDUSD board to make several appointments tonight

By Theresa Harrington
Wednesday, August 13th, 2014 at 7:21 pm in Education, Mt. Diablo school district.

Here is the agenda for tonight’s Mt. Diablo school board 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 Board Member, Brian Lawrence, will participate via teleconference from Philadelphia Marriott Downtown, Business Center, 1201 Market Street, Philadelphia, PA 19107 Info
1.2 President Will Call the Meeting to Order at 5:00 p.m. 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 5:00 p.m.
4.1 The Board of Education will adjourn to Closed Session at 5:00 p.m. to consider items listed on the Closed Session Agenda. Action
5.0 Closed Session Agenda
5.1 (Item #1) Expulsion of Student #14-14 from all regular schools of Mt. Diablo Unified School District. Action
5.2 (Item #2) Discipline, Dismissal or Release of Public Employee Action
5.3 (Item #3) Discipline, Dismissal or Release of Public Employee Action
5.4 (Item #4) 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, Teamsters M&O, Local One CST, MDSPA, and Supervisory. Info/Action
5.5 (Item #5) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of California Taxpayers Action Network v. MDUSD, MSC14-00996 Info/Action
5.6 (Item #6) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of Rhinehart v. MDUSD, USDC 4:13-CV-05919-CW Info/Action
5.7 (Item #7) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of John Does v. MDUSD, Case Nos. MSC14-00262, MSC14-00289, MSC14-00312 Info/Action
5.8 (Item #8) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of Kovasti v. MDUSD, EEOC Charge No. 555-2009-01175 Info/Action
5.9 (Item #9) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of Richard Heyer v. MDUSD, Case No. MSC11-01425 Info/Action
5.10 (Item #10) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of Roaldson v. MDUSD, MSC11-02675 Info/Action
5.11 (Item #11) Anticipated Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Sec. 54956.9(b, Significant Exposure to Litigation: 2 cases Info/Action
5.12 (Item #12) Conference with Negotiator(s) pursuant to Gov’t. Code Section 54957.6; Agency Negotiator: Barbara Oaks; Unrepresented Employee: Superintendent Info/Action
5.13 (Item #13) Conference with Negotiator(s) pursuant to Gov’t. Code Section 54957.6; Agency Negotiator: Dr. Nellie Meyer; Unrepresented Employee: Director Info/Action

6.0 Reconvene Open Session at 7:30 p.m.
6.1 Reconvene Open Session at 7:30 p.m. Info
7.0 Preliminary Business
7.1 Pledge of Allegiance and Roll Call Info

8.0 Report Out Action Taken in Closed Session
8.1 (Item #1) Expulsion of Student #14-14 from all regular schools of Mt. Diablo Unified School District. Action
8.2 (Item #2) Discipline, Dismissal or Release of Public Employee Action
8.3 (Item #3) Discipline, Dismissal or Release of Public Employee Action
8.4 (Item #4) 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. Info/Action
8.5 (Item #5) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of California Taxpayers Action Network v. MDUSD, MSC14-00996 Info/Action
8.6 (Item #6) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of Rhinehart v. MDUSD, USDC 4:13-CV-05919-CW Info/Action
8.7 (Item #7) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of John Does v. MDUSD, Case Nos. MSC14-00262, MSC14-00289, MSC14-00312 Info/Action
8.8 (Item #8) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of Kovasti v. MDUSD, EEOC Charge No. 555-2009-01175 Info/Action
8.9 (Item #9) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of Richard Heyer v. MDUSD, Case No. MSC11-01425 Info/Action
8.10 (Item #10) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of Roaldson v. MDUSD, MSC11-02675 Info/Action
8.11 (Item #11) Anticipated Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Sec. 54956.9(b, Significant Exposure to Litigation: 2 cases Info/Action
8.12 (Item #13) Conference with Negotiator(s) pursuant to Gov’t. Code Section 54957.6; Agency Negotiator: Barbara Oaks; Unrepresented Employee: Superintendent Info/Action
8.13 (Item #12) Conference with Negotiator(s) pursuant to Gov’t. Code Section 54957.6; Agency Negotiator: Dr. Nellie Meyer; Unrepresented Employee: Director Info/Action

9.0 Board Member Reports
9.1 Board Reports Info

10.0 Superintendent’s Report
10.1 Superintendent’s Report Info

11.0 Reports/Information
11.1 Presentation by the Pleasant Hill Green Team Info

12.0 Public Employee Appointment
12.1 Appointment of Director, Special Education Action

12.2 Appointment of Director, Personnel Action

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

12.4 Appointment of Vice Principal, High School – Mt. Diablo High School Action

12.5 Appointment of Vice Principal – Northgate High School Action

12.6 Appointment of Vice Principal – El Dorado Middle School Action

12.7 Appointment of Vice Principal – Riverview Middle School Action

12.8 Appointment of Vice Principal, Elementary – Bel Air Elementary and Delta View Elementary Action

12.9 Appointment of Vice Principal, Elementary – Cambridge Elementary Action

12.10 Appointment of Vice Principal, Elementary – Meadow Homes Elementary Action

12.11 Appointment of Vice Principal, Elementary – Mt. Diablo Elementary School and Ygnacio Valley Elementary School Action

12.12 Appointment of Vice Principal, Elementary – Shore Acres Elementary and Hidden Valley Elementary Action

12.13 Appointment of Program Specialist, Categorical Programs, Site Based – Meadow Homes Elementary Action
13.0 Consent Agenda Action

13.1 (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
13.2 (Item #2) Recommended Action for Certificated Personnel Action
13.3 (Item #3) Request to Increase and Decrease Full Time Equivalent (FTE) for the 2014-2015 School Year Action
13.4 (Item #4) Recommended Action for Classified Personnel Action
13.5 (Item #5) Classified Personnel: Request to Increase/Decrease Full Time Equivalent (FTE) for the 2014-15 School Year Action
13.6 (Item #6) Fiscal Transactions for the month of June 2014 Action
13.7 (Item #7) Correction of Funding Source for Director of Measure C Action
13.8 (Item #8) Increase of days per year for the position of Director, School Support & Accountability Action
13.9 (Item #9) Approve contract between Mt. Diablo Unified School District (MDUSD) and Maxim Healthcare Services, Non Public Agency (NPA) for the 2014-2015 school year. Action
13.10 (Item #10) Execution of Non-Public School Contracts for the 2014-15 School Year Action
13.11 (Item #11) Internship Agreement between San Francisco State University and Mt. Diablo Unified School District Action
13.12 (Item #12) Internship Agreement between Brandman University and Mt. Diablo Unified School District for Multiple Subject, Single Subject and Education Specialist Internship programs. Action
13.13 (Item #13) Student Teaching Agreement between University of Phoenix and Mt. Diablo Unified School District Action
13.14 (Item #14) Internship and Fieldwork Agreement between Brandman University and Mt. Diablo Unified School District for School Counseling and School Psychology programs. Action
13.15 (Item #15) Internship Credential Program Agreement between National University and Mt. Diablo Unified School District Action
13.16 (Item #16) Student Placement Agreement between Saint Mary’s College of California and Mt. Diablo Unified School District. Action
13.17 (Item #17) Approval of 2014-15 independent contract with Carol Teltschick-Fall for $55,000 as S3 Grant Coordinator for College Park High School. Action
13.18 (Item #18) Partial Award RFP #1683: Supplemental Student Transportation – Ambulatory Action
13.19 (Item #19) Partial Award of RFP #1683: Supplemental Student Transportation – Ambulatory and Non-Ambulatory Action
13.20 (Item #20) Partial Award of RFP #1683: Supplemental Student Transportation – Sports and Field Trips Action
13.21 (Item #21) Award of Bid #1682: Building E Window Replacement at CPHS Action
13.22 (Item #22) Williams Quarterly Summary Report Action
13.23 (Item #23) Approve textbook for Career Choices High School course. Action
13.24 (Item #24) Education Code 44263 – Board Authorization Action
13.25 (Item #25) Amended Certificate of Signatures Action

14.0 Consent Items Pulled for Discussion

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 presentations 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 Business/Action Items

17.1 Opportunity for public response to the additional Sunshine Proposal from Teamsters Local Union #856 (M&O) to Mt. Diablo Unified School District Action

17.2 Approve Memo of Understanding between Maintenance and Operations, Teamsters Local No. 856 and Mt. Diablo Unified School District Action

17.3 Conduct Public Hearing Regarding Draft Initial Study/Mitigated Negative Declaration for College Park High School Athletic Facility Improvements. Action

17.4 Creation of Board Policy 5131.62 and Administrative Regulation 5131.62 to prohibit students against tobacco use. Info

17.5 Revision of Board Policy 3513.3 and Administrative Regulation 3513.3 Info

17.6 BP 6174 Education for English Learners AP 6174 Education for English Language Learners Info

17.7 Revise Job Description for Assistant Director, College and Career, Adult Education Action

17.8 Mt. Diablo Adult Education seeks approval to submit a grant application for $75,000 to Outreach and Technical Assistance Network (OTAN) Action

17.9 Meeting Extension Action

17.10 Approve agreement between Mt. Diablo Unified School District and Santa Clara County Office of Education Action

17.11 Memorandum of Understanding with City of Concord to co-fund School Resource Officers for the 2014/2015 School Year at District High Schools in Concord Action

17.12 Legal Services Contracts Action

17.13 Adoption of Middle School Math Common Core Courses of Study. Info/Action

17.14 Approve course name change from Algebra Readiness to Math 8. Action

17.15 Community Facilities District # 1 (Measure A) Action

17.16 Hold Public Hearing and adopt Resolution of Intent to Dedicate an Easement at Clayton Valley Charter High School Action

17.17 Approve Short Term Facilities Lease Agreement with YMCA of the Central Bay Area at Strandwood ES. Action

18.0 Future Agenda Items
18.1 Future Agenda Items Info

19.0 Closed Session
19.1 Items not completed during the first Closed Session will be carried over to this closed session. Action

20.0 Reconvene Open Session
20.1 Reconvene Open Session Info

21.0 Adjournment
21.1 Adjourn Meeting Info”

What items are of most interest to you?

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  • tmharrington

    Here’s a blog post that shows innovative uses of Twitter, including a post from MDUSD Trustee Brian Lawrence letting the community know he didn’t plan to run for Walnut Creek City Council this November: http://www.ibabuzz.com/onassignment/2014/09/08/how-should-teachers-and-educational-organizations-use-twitter/

    MDUSD still hasn’t gotten around to approving its draft social media policy, which was discussed last December. However, the minutes from that meeting don’t make it clear what was approved and what wasn’t.

  • J Lo

    And here I assumed you were the all knowing, you posted claims all over this blog about the Northgate Principal appointment and now you are imploring me a total stranger for insight. It must be lonely out in left field for you, how far you have fallen from the grace of inside knowledge. How does it feel to be alone?

  • Doctor J

    Lo, Don’t skirt the issue — you know and when it comes out how you know, it won’t be pretty. I made no claims of knowledge concerning the issue — it was being held close to the vest. Obviously the administration was concerned about potential litigation and retreated to “closed session” so they would have a shield. Talking out of closed session can lead to a district attorney investigation — ask Cheryl Hansen.

  • Doctor J

    Great subjects for the candidate forum. Looking forward to seeing JW’s statement.

  • J Lo

    I am counting on you making good on this claim, as your other claims have all fizzled to nothing. Bring forth your closed session delusions and hang all accused out to dry….how does it feel to be alone?

  • Guest

    what are you talking about

  • Doctor J

    District is hiding Financial Report on 16.3 — will the Board RUBBER STAMP it without public review ?

  • tmharrington

    The minutes for June 3, 2013, show three closed session items added related to public employee discipline/dismissal/ release, but no report out on them. Video for this meeting has been removed. Why is there no report out for these items in the minutes and why have the videos been removed? Hopefully, the board will not approve these minutes without clarification on this issue: http://esb.mdusd.k12.ca.us/attachments/d5bc1ef1-0498-4f35-ada4-fda2c98c90f7.pdf

  • Doctor J

    the only way accurate minutes from May/June 2013 can be reconstructed is by watching the videos — which the district is now concealing from the public even though on the Board web page it still shows they are available. Theresa perhaps a PRA request is in order for the videos so the public can verify the accuracy of the year old minutes just manufactured. TINO.

  • g. de la verdad

    Rubber stamp before public review? They’ll rubber stamp it without their own in-depth review (and vendor contracts with no details) . This is not the “transparent”, “clean-up the district” and “do what’s best for students, parents, taxpayers” board that we were promised, and hoped for. This is a board dedicated to a sense of “feel good” administration. Vote no on one of Nellie’s or ‘her’ staff’s recommendations? That might cause someone to not “feel good” and we can’t have any of that!

  • tmharrington

    Several videos from last year are no longer available. So much for transparency.

  • g. de la verdad

    Do you suppose some board members who knew where some bodies might be buried encouraged the appointment of John Bernard, knowing that he would be the most likely to help hide some of the district’s dirty little secrets?
    And did one or two of those board members regret what they said in open session, and encourage ‘losing’ those videos? We’ll never know, will we?

  • Doctor J

    Theresa, we need the BANG Motion by MDUSD posted ASAP ! Please !

  • HWGA

    Northgate is missing 1 principal, 1 VP, 2 math teachers and 1 Spanish teacher…. seems just like 2008 all over again! What are the chances of picking up anybody good at this late date – Zero!

  • J Lo

    LOL! Per the j game book we are bored with spellathons, agenda fashions to her disliking, rubber stamping, and yet no substance or inside information like the j of old provided. Is the real issue j and her sycophants are chewing their nails about the retrial of the Martin case? If the defense attorney is kept at his word that his client was tried in the court of public opinion and certain blogs, their hosts and anonymous posters have damaged his client, we may very well see the unmasking of j and others. The BANG may very well see court orders to hand over our masked buffoons identities. What a role reversal it would be if BANG was asked to be transparent.

  • 2busymom

    How is agenda item 12.5 being funded? No source of funding is listed. An overnight trip of 40 kids and 8-9 teachers doesn’t come cheap. http://esbpublic.mdusd.k12.ca.us/public_itemview.aspx?ItemId=9117&mtgId=475

  • tmharrington

    That is item 12.15. You’re right. The “funding” and “fiscal impact” are blank. The board should not approve this without getting this information. Also, I see that Bill Morones signed off on this, as the “director of secondary support.” Yet, he was appointed a “School Support Administrator” on June 25.

  • tmharrington

    It will be interesting to see if any parents speak up about these issues at Back-to-School Night tomorrow night.

  • tmharrington

    I will try to do this today. I have been researching Williams’ statement, which I can’t believe she made “under penalty of perjury.”

  • tmharrington

    Hansen, Oaks and Lawrence all ran on a platform of transparency. It was Hansen who made it her mission to get meetings videotaped. Yet, there has been no board discussion regarding taking them down. They have simply disappeared. Why?

  • Doctor J

    I hope we will hear from the candidates tonight on these issues in public comment.

  • Doctor J

    Morones forgot to change his electronic “rubber stamp”. When was the last time he held a job for more than two years in a row ?

  • Sherry Whitmarsh

    My apologies if this appears twice…
    Hansen has several examples of speaking about transparency but not actually following transparency:
    1. Minutes during her tenure as president where severely lacking or not done in a timely manner
    2. She called for meetings to be held with the entire board and the public where any topic could be discussed. Hansen frequently stated there would be no Brown Act violation, yet as board president and now as a board member she has yet to request the board to have one or spoke about it at a board meeting
    3. Hansen repeatedly thought superintendent’s evaluation she be in public session, yet not once since 2012 has this occured.
    Maybe Hansen can explain this in her board report.

  • Doctor J

    Sherry, at the last board meeting on Sep 4, the Supt’s evaluation was summarized but the written evaluation not released. When it came time to have the discussion about setting the Supt’s evaluation goals, the video broadcast was suddenly cut and there is no copy posted on the Board website. Take a look at the videos. It’s election year shenanigans at the public expense of faux transparency. TINO.

  • Sherry Whitmarsh

    Thanks for showing that my concerns about Ms Hansen being all talk and little action is proven once again.

    She is also being very vindictive. One if the action items on the agenda tonight is specifically aimed at Mayo and Lawrence.

    I can’t believe MDEA has supported her. It must be repayment for passing the contract.

  • Doctor J

    Sherry, I proposed this change 4 years ago to stop district payments for health and welfare for Board members. Part time employees have never been entitled to such perks so why should an $800 a month Board member ? You and the Eberhart machine refused to do it. Instead you cut hours of CST workers and laid off many employees while maintaining extravagant benefits to board members who were business owners or otherwise gainfully employed like Eberhart, Mayo and others. It’s about time.

  • tmharrington

    MDEA has endorsed Hansen, Mayo and former MDEA president Michael Langley: http://ourmdea.org/.

    Are you referring to item 16.15 regarding benefits? http://esbpublic.mdusd.k12.ca.us/public_itemview.aspx?ItemId=9120&mtgId=475

  • Doctor J

    “and voted in favor of our recent contract” is the basis for MDEA endorsement of Mayo and Hansen. That will turn off more voters than it attracts !

  • tmharrington

    Here is a new blog post with the agenda for tonight’s meeting, so people can comment on items there: http://www.ibabuzz.com/onassignment/2014/09/10/mdusd-board-tonight-to-approve-teamsters-contract-approve-counselor-position-and-policy-prohibiting-tobacco-use-and-discuss-board-benefits/

    Please note that I am holding off on the blog post regarding the district’s motion in the BANG lawsuit so that I can include BANG’s blistering response. I hope to post those docs later today.

  • Sherry Whitmarsh

    If this is something the board really wanted it could have made this proposal in 2012 instead of making it an election issue. I disagree with you about the number of hours board members work. I know I put in many more than just part time.

    If this was not an election issue, it would have been made phrased as all newly elected, non incumbent positions. It was easy for Hansen, Oaks, and Dennler to support as they do have medical from past public service jobs. I have no knowledge if Lawrence or Mayo have access to medical.

  • Sherry Whitmarsh

    Of course you do have to do the personal attack and show your bias to CST. You neglected to mention M&O and CSEA had reduced hours and benefits.

    I don’t consider medical an extravagant benefit.

  • Sherry Whitmarsh

    I disagree. The money that MDEA throws at an election makes it almost impossible for those they don’t support to win. They have hundreds if volunteers to campaign for them and make phone calls. It’s much more difficult if you don’t have the funding.

  • Doctor J

    Sherry, when the medical is 3 or 4 or even double times the monthly pay for Board members, it is extravagant. On transparentcalifornia.com you can look up the 2012 and 2013 amounts. For prior especially when Eberhart had his whole family on, you will have to look at the BANG database. Sherry it’s not a personal attack when I refresh your recollection on what you did or didn’t do as a Trustee–it’s a fact.

  • Guest

    Sherry, , the record shows that we(MDEA) gave your campaign $6725 for your 2008 campaign, Local One gave you $2000, and Committee to Re-elect Eberhart gave you $1400. What you gave us in return was the back of your hand.

  • Sherry Whitmarsh

    You are not refreshing my memory, I recall that the motion did not get a second. I did not support it. What I’m saying is that I don’t like the politics that is being played now when the could have been done in January of 2013.

  • Sherry Whitmarsh

    Recall the budget cuts from the state. What this goes to show was that I did what was needed to be done to keep the district out of bankruptcy. And it proves I was bought and sold to the unions as some have said. I’m very happy that MDUSD is now in a better position for all of its employees. That was not the case in 2008 – 2012.

  • Doctor J

    Sherry, perhaps this motion came from the public, not from staff or the trustees ? Maybe we will find out the source of this motion.

  • Doctor J

    Proof that MDEA expects a ROI — return on campaign contributions– oh my, what will the FPPC say about this ?

  • Doctor J

    My general recollection is that back in 2008, 2009, 2010 the district was giving close to $100,000 PER YEAR towards Board members Medical//Dental/Vision — money that could have gone to the classrooms or saved a couple of jobs. Theresa could probably pull my posts from the archive where I detailed the amounts. Even you Sherry was accepting the amounts even though you and your family had full coverage through your employers.

  • Sherry Whitmarsh

    The only coverage I was given via the district was vision. I tried to have it removed but was told by benefits that I couldn’t as it was part of the negotiated price with the district.

  • Guest

    Theresa, can you go back to 2008 and find out how much each board member received in health care benefits each year until this year. It is next to impossible to get anything from other sources to go back that far. As I recall both Linda Mayo and Gary Eberhart were getting their health benefits paid by the taxpayers to the tune of anywhere from $14,000 to $17,000 a year.

  • g. de la verdad

    Now, if we could just get Discus to update itself and populate the new blog post from the main page……and what’s with Recent comments bouncing up and down to different dates, etc and never the most recent comments. Very annoying and hard to follow, Theresa!

  • Doctor J

    Theresa, please find time to post the BANG lawsuit documents. Pretty please……

  • tmharrington

    I will try to do it this weekend.

  • Doctor J

    Please . . . . It’s now Tuesday. Thanks in advance.