Special Meeting of January 20, 2005

[Diane Blevins]

Proceedings of the Board of Trustees

District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

January 20, 2005

 

Call to Order

 

The Special Meeting of the Board of Trustees of School District No. 2, Yellowstone County, Montana, and High School District, Yellowstone County, Montana, was duly held at The Lincoln Center, 415 North 30th Street, Billings, Montana, December 20, 2004, at 12:00 p.m.

 

Chair Katharin Kelker presided and led those present in the Pledge of Allegiance.

 

Roll Call

 

Members present included Gene Jarussi, Katharin Kelker, Judith Herzog, Clerk Leo Hudetz, Superintendent Rod Svee, Conrad Stroebe, Mike Dimich, Malcolm Goodrich, Dale Getz, Karen Moses and Stephanie Krueger on speakerphone.

 

Registered guests included Loraine Hanson, Dennis Peters, Julie Brown, R. J. Opie and Art Hanson.

 

Communication from the Public

 

Loraine Hanson reported in regards to the question to Mr. Svee at the last meeting, one of the daughters involved in the incident has requested a transfer out of a class. She urged the Board to request an investigation into the incident.

 

Policy 1700 Appeal Consideration

 

The Chair stated there were three questions to decide upon from the January 13th meeting: 1) did the Superintendent comply with State statute and Board policy; 2) was the Superintendent required to bring a recommendation for termination of one or both teachers involved in the alleged incident; and, 3) what was the process used by the Superintendent to reach his decision concerning the Skyview appeal and was the process adequate in finding the facts and resolving this issue. Trustee Moses asked how the Board could start with the first question without deciding if about the third question. Trustee Goodrich made the following motion with a second by Trustee Getz:

 

Motion to invert to some degree the order of questions so that the first question would be the process, followed by

the compliance question and then the termination question.

 

Those voting in favor were Katharin Kelker, Dale Getz, Karen Moses, Judith Herzog, Stephanie Krueger, Mike Dimich, Conrad Stroebe, and Malcolm Goodrich. Gene Jarussi opposed the motion. The motion passed.

 

Trustee Goodrich stated his analysis looks at the word ‘adequate’. He commended the Superintendent for holding the child witness in very high regard in order to protect her. He had a concern about the adequacy of the data gathered in the investigation. The Superintendent stated he looked at what he could prove and what he could not prove. It is the word of a 14 year-old girl versus two teachers. The Chair felt the chronological order of events is important to have and was uncomfortable with having an incident as important as this one not go directly to the Superintendent when it occurred. The Chair stated she would like to see the Board address this issue in the 1700 Policy to assure it will not happen in the future.

 

Trustee Getz believed there were also other policies that were violated and felt it was poorly handled. He cited the policy on sexual harassment and intimidation of witnesses. He did not see it any differently than the Career Center investigation. Trustee Jarussi felt it was handled adequately. Trustee Herzog stated the policy needed to be worked on by the Board and was concerned the incident occurred on September 7th and the Superintendent did not find out until September 10th. She felt the policy was flawed. In order to terminate a teacher, the Board has to be able to prove just cause. Trustee Goodrich was troubled by the delays and thought the Superintendent did everything he could in the best interest of the child and the District. He stated the policy is broad in scope. Trustee Moses voiced her concern that documentation was not done.

 

The Chair reiterated the Board is to decide whether the Superintendent had followed policy as stated in Policy 1700. Did he come to an appropriate conclusion? She asked if the Board will affirm the Superintendent’s decision or if we will direct the Superintendent to reconsider his decision.

 

Trustee Stroebe stated the MSBA assisted the District in putting together the policy. He felt the MSBA document, as cited by Trustee Moses at the previous meeting, was in line with the District’s policy. Trustee Stroebe was troubled that the District did less than what was required and, if the right policy was not followed, it needs to be followed now. Trustee Getz felt an independent person should have conducted the investigation. Trustee Dimich reported Superintendent

Svee scored the highest marks on his evaluation on ethical behavior. Trustee Dimich made the following motion with a second by Trustee Herzog:

 

Motion to affirm the Superintendent’s decision.

 

Those voting for the motion were Gene Jarussi, Judith Herzog, Katharin Kelker and Mike Dimich. Those opposing were Malcolm Goodrich, Dale Getz, Conrad Stroebe, Karen Moses and Stephanie Krueger. The motion failed. Trustee Goodrich made the following motion with a second by Trustee Getz:

 

Motion to direct the Superintendent to reconsider, and that I would cite the specific policy for the authority of that

being 1700, which given the severity of the allegations may call into question the fact of whether Level 4 requirements were complied with or whether they should have been complied with in greater detail.

 

Trustee Moses asked if the motion required an independent investigation. The Chair reported it would be up to the Superintendent. Those voting in favor were Malcolm Goodrich, Dale Getz, Conrad Stroebe, Karen Moses, and Stephanie Krueger. Those opposing were Judith Herzog, Mike Dimich, Gene Jarussi and Katharin Kelker. The motion passed. The Superintendent was directed to reconsider and reinvestigate the incident under Level 4 of Policy 1700.

 

Adjournment

 

As there was no further business, the meeting adjourned at 1:05 p.m.

 

 

 

 

 

Katharin Kelker, Chair

 

 

 

Diane Blevins, Recorder