Guest sullinss Posted September 14, 2005 Report Share Posted September 14, 2005 Proceedings of the Board of Trustees District No. 2, Yellowstone County High School District No. 2, Yellowstone County Billings, Montana August 15, 2005 Call to Order The Regular 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, August 15, 2005, at 5:30 p.m. Chair Katharin Kelker presided and led those present in the Pledge of Allegiance. Roll Call Trustees and officers present included Dale Getz, Sandra Mossman, Katharin Kelker, Dawn Achten, Mary Jo Fox, Joel Guthals, Karen Moses, Conrad Stroebe, Malcolm Goodrich, Superintendent Rod Svee, and District Clerk Leo Hudetz. Registered guests included Kerri Connors, Al and Sue Siess, Sandy Kunkel, Mark Moak, Debbie Miller, Lori Forseth, Matt Brosovich, Peter Habein, Jeff Weldon, Janet Baum, Kyra Gaskill, and other interested persons. Questions and Answers to Enhance Public Understanding Superintendent Svee will respond to the written request, and other questions from the public have been answered. News of the District Superintendent Svee reported we are ready and anxious for school to start. Due to ongoing city street projects, alternative arrangements have been made to discharge students from the back of Newman School. The Fire Marshall will tour the buildings this week and any potential issues will be resolved before school starts on August 24th. Information packets were sent to parents, and the Gazette published a “Back to School” informational supplement. Our enrollment count will be taken the first Tuesday after Labor Day. Enrollment is estimated to be about the same as last year, i.e., approximately 9900 elementary and 5600 high school students. Communication from the Public The Board recognizes the value of public comment on educational issues and the importance of listening to members of the public in its meetings. The Board also recognizes the statutory and constitutional right of the public to participate in governmental operations. The Board encourages members of the public to participate in and express opinions about issues important to the District. This part of the Board’s meeting is dedicated to public comment on any public matter that is not on the agenda of this meeting and is within the jurisdiction of the Board of Trustees. Members of the public may also address particular items on this agenda either now or at the time the Board considers the particular item. Parents, Mark Moak, Sandy Kunkel, Debbie Miller, and Lori Forseth all spoke in favor of the Board hiring Kevin Luce as coach of Billings Senior High Girls Soccer Program. Gifts and Donations The following is a list of gifts and donations which have been presented to the School District in accordance with Board policy. Such items have been incorporated into the District’s inventory, and an acknowledgement of the contribution has been made to the donor: • Castle Rock Eagle Price program – Bob Ott, Billings Motorcycle Club, hill climb tickets • Pupil Services Dept. – Professionals as listed: Daniel Weaver, M.D., Kristi Schied, O.D., James Threatt, M.D., Michael Hansen, O.D., Kevin McBride, O.D., Brian Linde, O.D., T. J. Miller, M.D., Doug McBride, O.D., Mark Reynolds, O.D., Larry Erpenbach, O.D., Jeffrey Fitch, O.D., Marion Opticians, Kreiner Optical Center, Vision Optical, Lenscrafters, Riverside Optimists, Huntley Project Lions Club, Lockwood Vision Assistance, Vision Screening Advisory Council, Inc., Billings Optimists, Billings Heights Lions Club, Billings Junior Woman’s Club, and dentists Dan Johnson, Kelly Clark, Steve Erickson, Ronald Smith, Michael Downing, David Bryer, Joseph Thomas, Tim Pfister, Thomas Wickliffe, Bob Frye, Ted Kinney, Craig Stannebein, Louis Dubs, Gayle Roset, Andy Pickens, Robert Wagner, Ken Bagby, James Sullivan, Alan Blackford, Robert Bergeson, Mark Wilgus, Kevin Brewer, and Kevin Conroy. The Board accepts these gifts with gratitude and appreciation. Approval of Agenda Trustee Goodrich introduced a motion to move Item W, Personnel Report, to the beginning of the agenda. Trustee Getz seconded the motion. The motion carried unanimously. Trustee Goodrich introduced a motion to refer Item M, Trustees Financial Summary FY 2004-2005, to the Business Committee for its next regular Business Committee meeting. Trustee Stroebe seconded the motion. The motion carried unanimously. Personnel Report Trustee Getz introduced a motion to accept the Superintendent’s employment recommendations as presented in the personnel report. Trustee Moses seconded the motion. Karen supports the motion with concern. One of the stipends on the Personnel Report is for the Head Soccer Coach for the women at Senior High. It’s difficult to support hiring personnel after they have started employment. Trustee Goodrich stated the Board received a letter in which the author requested a matter of privacy. He asked where Administration was in the process of reviewing it. Superintendent Svee did not receive the letter. He is recommending approval based on the recommendation of the Activities Director and he is comfortable with the process followed. Trustee Stroebe explained stipend positions are not subject to the same evaluation process of a fully tenured or non-tenured position; they are one-year contracts recommended for renewal or non-renewal starting at the building level, then to the Activity Director and then to the Board. Trustee Mossman asked if next year these positions could be forwarded to the Board in July instead of August. Dave Williams explained the current process was streamlined to handle all Employee Personnel Action Reports (E-Pars) at one time rather than individually, but he will research to see if the process can be completed in July. Trustee Guthals believes we need to address potential litigation. The Chair clarified there is no cause of action until the Board takes action. The Chair will not close the meeting and the Board cannot discuss the contents of the letter. Dave Williams explained with the volume of stipend positions and often the lateness of filling the positions, it is difficult for the Board to give approval of that person before they hire them. The Chair said all stipend positions end at the end of the year and it is always a rehiring situation which is not the case with tenured teachers. In theory, stipend position do not have an expectation of re-employment until they have reapplied and been hired. The Chair stated that all we can do is respond if there is an actual request for a grievance or hearing. Jeff Weldon was asked what potential litigation the Board should be concerned with. Generally relating to hiring, the statues say the Board “hires”. All school districts delegate the responsibility of selecting candidates for hiring to their executive. BPS does that with all staff, except stipends, by way of the Superintendent who’s delegated it to the Human Resource office. Applicants apply and finalists are selected by a committee and the Superintendent agrees and presents the list to the Board for approval. In most cases, the people have already started work for the District. If you turn down the recommendation of the Superintendent, you have the issue of having to pay that person for work done prior to the Board’s action which was the rejection of the Superintendent’s recommendation. If you reject a recommendation for hire, one issue you could be faced with is dealing with whatever contractual arrangement we have with the person who’s actually worked for us up to the point that the Board has rejected the recommendation. Although the statute says the Board “hires,” in fact, it means the Board “ratifies” the hiring process. The second way is the District, through the Activities Handbook, has created a committee that makes recommendations directly to the Board for Head Coaches, which is outside the responsibility of the Superintendent. A recommendation is made, and the person is hired. A person might argue they have some expectation of continued employment. As a stipend employee this would generally not be the case. Stipend and activity positions are contracts for a specific term for each school year. There are separate procedures if there are discrimination claims associated with it. There can be potential for a labor grievance because the BEA contract has a contractual provision that says if there’s a “qualified” faculty member, they have a hiring preference. In the case of a contract grievance the arbitrator would develop a remedy through that arbitration process if there was a contract violation. Through gender discrimination policies there’s a remedy by way of the Superintendent’s recommendation or through Board conclusion. The Board’s action or policy cannot prohibit someone from taking a grievance to other venues. Jeff said the Board’s choice is to accept the recommendation with consequences or to reject the recommendation with consequences. Dave Williams explained there have been past instances where a coach on a stipend has been replaced by someone else the subsequent year. Dave confirmed regarding the selections on the Personnel Report for activity stipends, the best person was selected, and the decisions were based upon merit and not on any prohibited classification such as race, sex, creed, color, national origin or condition of physical disability. This also applies with respect to the particular position of the soccer coach at Senior High. Dan Martin said the person affected did not agree with the original decision at the end of the season last year. Allan Audet, BEA President, stated he will file a grievance based on the Board’s decision at hand. Dave Williams related there were three applicants for the position referenced, all were considered and two were interviewed. Trustee Goodrich stated we have been asked to hold the entire process in abeyance for some sort of hearing. There is a process for this person to complain and seek a remedy. The hiring process was followed with no decisions based on a non-permitted classification. He urged the process to go forward with approval of the Personnel Report. Trustee Stroebe said considering our high legal fees, he urged making the person an acting coach until the matter is resolved. The question was called. Those voting in favor of the Personnel Report as printed were Dawn Achten, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, and Sandra Mossman. Voting against the motion was Conrad Stroebe. The motion carried. Bills Paid – July, 2005 Trustee Getz moved to approve the bills paid for the month of July, 2005 as presented: Fund Description Fund Total 101 Elem. General Fund $ 437,390.51 110 Elem. Transportation 1,870.58 115 Elem. Misc. programs 64,961.18 128 Elem. Technology 299.95 160 Elem. Building 14,145.50 161 Elem. Building Reserve 48,742.33 184 Elem. Student ECA 6,222.07 185 Elem. Misc. Trust 13,771.53 201 H.S. General Fund 317,833.45 210 H.S. Transportation 550.55 212 H.S. Food Services 168,752.99 213 H.S. Tuition 3,240.00 215 H.S. Misc. Program 6,761.15 217 H.S. Adult Education 3,131.44 218 H.S. Traffic Education 454.13 261 H.S. Building Reserve 80,217.61 278 H.S. Self Insurance Health 1,101,503.41 279 H.S. Self Insurance Liability 361.33 282 H.S. Interlocal Agreement 153,530.23 284 H.S. Extracurricular 10,758.08 285 H.S. Misc. Trust 30,030.00 286 H.S. Payroll 2,431,850.45 Total $4,896,378.47 ACH Tax Deposits 246,644.70 Payroll Warrants & Direct Deposits 781,868.44 TOTAL 5,924,891.61 Trustee Goodrich seconded the motion. The motion carried unanimously. Financial Reports – June, 2005 (Unaudited) Business Manager, Thomas Harper, stated we ended the year with a balance of less than $5,000 in each General Fund. The Business Committee reviewed the financial reports. The reports presented for Board review are as follows: BD101 Year End Expenditures by Fund BD105 Statement of Revenue BD108 Year End Expenditures by Object Bond Issue Decisions Rod Svee reported the inaction of any legislative action means that a bond issue that would be run now would be a “qualified” bond issue. It means there is no guarantee from the State and they would not be a high quality bond because there is a court judgment against the State. Involved in the Supreme Court decision regarding education are facilities, both maintenance and new construction. New legislation allows a school bond issue presented to the voters in a general election or primary election or by mail ballot to be determined by a simple majority. We could call the election on that date in November or June or anytime for a mail ballot. If we call an election on the regular school election date the old percentages control requiring 40% voter turnout for a simple majority, a 30%-40% turnout requires a 60% majority, and less than 30% voter turnout invalidates the election. Chair Kelker asked Trustees if there was a need for renovation and/or capacity building in the High School District facilities, if the Board should run a bond issue election; and, if so, when should the election occur. Chair Kelker stated there is an advantage to running an election soon since the voters haven’t received their property tax bills for the safety bond that was passed. A November election date may be a disadvantage. Trustee Goodrich stated there is a need for high school capacity and repair, and it can only be solved by a bond issue. We need to develop the best financially feasible package for the voters. Trustee Goodrich suggests June or November of next year as the earliest date for an election. Superintendent Svee said the Supreme Court decision said the Interim Committee must address the funding process in December for school building maintenance, and operation, and new construction. We should review renovation plans now in preparation for a bond issue. Thomas Harper stated our Building Reserve levy expires on June 30, 2006. Trustee Getz believes a bond issue is warranted but we need to identify and prioritize projects in an amount less than the $50M so it is better understood and more digestible to the public. Trustee Guthals expressed the District is in desperate need of money to repair and refurbish the high schools, but he does not believe a bond issue is warranted until the Legislature issues a final ruling on funding. Trustee Moses agrees with the need for capacity and repair and wants to move ahead with planning and be ready to proceed when the Legislature rules on funding. Karen Moses believes November of next year should be the earliest date for an election. Trustee Stroebe believes they should search for funding alternatives, such as federal grants, rather than run a bond election. The levy election shows the Billings electorate does not want more local taxes. Trustee Goodrich introduced a motion that the Board signify an intent to consider the calling of a bond issue election to address high school overcrowding, refurbishment and effective delivery of services subject to the need to review the size of that bond issue, the nature of the bond issue, legislative action, and other funding alternatives all to be addressed by the Board in a timely fashion. Trustee Mossman seconded the motion. Trustee Guthals doesn’t think we should be signifying an intention to call a bond election. He believes we should designate it as a priority of this Board to work on and finalize a plan for our high school facilities and explore and determine the best way to finance that plan. It’s premature to signify an intention to call for a bond election when we don’t have enough information about sources of funding. Trustee Fox believes bond issues and mill levies are the wrong way to fund schools. She would like to say the State is obligated to fund schools. The Chair stated we don’t have the power to change the legislative system, and our Board has taken leadership in the lawsuit. Trustee Goodrich amended his motion to say the Board signify an intent to call a bond issue election to address high school overcrowding, refurbishment and effective delivery of services subject to the Board’s review of the size of the issue, the nature of the problem to be addressed, the failure of the Legislature to address that problem, and together with the Board’s investigation of other possible funding sources to address the problem. Trustee Stroebe would rather emphasize finding a funding source. We have alternative sources available to raise money for pubic schools like income taxes and leasing facilities. The Chair stated prior to the previous bond issue, a committee met with a local developer to explore leasing and were advised the only way a developer would be interested in that proposal would be after we passed a bond issue. Trustee Moses said if the motion looks at prioritizing and finalizing our education plan to address overcrowding and repair of our existing high school facilities with determining the best way to finance it should cover everything. Trustee Goodrich withdrew his motion and introduced a substitute motion that the Board signify an intent to call a bond issue election to address high school overcrowding, refurbishment and effective delivery of services subject to the Boards review of the size of that issue, the nature of the problem to be addressed, the failure of the Legislature to address that problem, together with a comprehensive review by the Board of other potential funding sources. Trustee Mossman seconded the substitute motion. Trustee Guthals asked if the reference to calling for a bond issue could be removed and instead have an intention to have a priority for planning and development of those ideas in the motion to promote consensus. Trustee Goodrich amended his motion to move that the Board signify an intent to immediately address high school overcrowding, refurbishment and effective delivery of services subject to the Board’s review of the need for a bond issue election and the size and nature of that bond issue, the nature of the problem to be addressed, the failure of the Legislature to address the problem, together with a comprehensive review by the Board of alternative funding sources. Trustee Mossman agreed to the amended motion. The question was called. The motion carried unanimously. Chair Kelker confirmed with Trustees that no one was in favor of calling for a bond election this November and probably not next June, but potentially in November, 2006. Trustee Guthals introduced a motion that unless the situation changes and the District can find other alternative sources through thorough investigation; unless the Legislature comes through; unless some other funding mechanism appears and subject to the State meeting their bonding requirements so we effectively put together a bond; as things stand today, the City and other officials who may also be considering bonds should consider that a distinct possibility on the part of this School District for November, 2006. Trustee Goodrich seconded the motion. The Chair clarified that a potential date for a bond issue election, should it prove to be appropriate, would be November, 2006. Trustee Stroebe said if we really believe the Supreme Court is correct in saying the Legislature must not only fund the operation of the school district, but the buildings of the school district, then don’t run a bond issue that will fall on local voters. A bond issue for the State of Montana to consider funding its fair share of Billings Public Schools would be acceptable. Trustee Goodrich stressed developing a “Plan B” in case the Legislature does not provide sufficient funding. Trustee Mossman requested the Superintendent to direct the Grant Writer to investigate, with high priority, the alternative funding possibilities referred to in the motion and to report regularly to the Board. Trustee Achten supports moving forward with a “Plan B” if the Legislature does not provide sufficient funding. Trustee Moses spoke against voting for a motion that says we may run a bond election in November, 2006. The question was called. Voting for the motion was Katharin Kelker, Malcolm Goodrich, and Sandra Mossman. Voting against the motion was Mary Jo Fox, Dawn Achten, Joel Guthals, Dale Getz, Karen Moses, and Conrad Stroebe. The motion failed. Budget Process Trustee Getz reported that a sub-committee of the Business Committee met to discuss the style of budget process to be used next year. Dale reminded everyone that Billings has a good school district. He reported K-12 education receives the largest portion of State revenue as well as local taxes. Our District enjoys a class size well below accreditation standards which comes at some cost to local taxpayers. Our District outcomes show good test scores, and graduation rates. We made progress in accelerating the timing of the budget process; and, there is a desire to improve the budgeting methodology process. A number of suggestions have been brought forward like zero-based budgeting, incremental decision units, etc. The committee intends to involve all stakeholders to build consensus on objectives to improve the budget process for the 2006-07 budget year. Chair Kelker recessed the meeting at 7:35 p.m. Trustee Stroebe was excused from the rest of the meeting. The meeting was called to order at 7:47 p.m. Chair Kelker asked Trustees to state budget process objectives to enable the sub-committee to craft a process to meet those objectives. Chair Kelker strongly favors a budget process involving the Board in setting priorities from the start. It’s important to have a budget process that requires budget managers to prioritize and justify their recommendations to the Board. The Board reviews those priorities and agrees or disagrees and sets their own priorities. When funding becomes known a prioritized list is already available for budgeting. This process promotes credibility with the public. Trustee Goodrich described budget objectives to: 1) get control of budget information and analyze it; 2) formulate a form of zero-based budgeting or justification based budget; and 3) tweak process to suit our particular circumstances once enacted. He listed three criteria: 1) present the budget in an understandable fashion to the public; 2) create accountability for budget managers in early stages; and, 3) involve all constituent members throughout the whole budget planning year. Trustee Mossman shared ideas on an Incremental Decision Unit (IDU) package budgeting process where budgets are site developed with involvement from students and parents, and the Board receives updates on the development process. The process is simple and universal between buildings and program managers. Trustee Fox said it’s important to involve staff and administrators in the process. Low voter turnout in the last levy may indicate people are not connected to the issues. Trustee Moses spoke in favor of a budget IDU process developed at the building level and utilizing a priority list. Katharin Kelker and Sandra Mossman were added as members to the sub-committee to develop the budget process. Update From Board Ad Hoc Committee on Building Ownership Trustees Guthals, Mossman and Stroebe are on the Ad Hoc Committee concerned with building ownership. Trustee Guthals explained there was a committee consensus that the Elementary Board not accept the purchase offer for the Grand Avenue School property for $1.8M because figures show parts of middle schools are owned by the High School District; and, the Elementary and High School Districts will be able to work out some kind of trade mutually beneficial to both Districts. The Board was presented a resolution to “Establish Methodology to Settle School Ownership” for their consideration. The Ad Hoc Committee is not ready to make a final recommendation to the Board and they have asked Administration to provide a financial analysis of ownership interest in various properties. Trustee Mossman reported the Ad Hoc Committee agreed their recommendation to the Board will be that nothing will be retroactive. The Ad Hoc Committee is also analyzing property usage. Trustee Goodrich introduced a motion to formally reject the purchase offer made to the Elementary District to purchase the Grand Avenue School property for $1.8M. Trustee Fox seconded the motion. Trustee Achten would like to wait to review the financial analysis. Trustee Mossman related the person making the purchase offer is waiting in abeyance and deserves an answer; and, the District is also looking for an appropriate facility for Crossroads Alternative High School. Trustee Guthals suggested the Ad Hoc Committee may have their financial analysis available by the next Board meeting. Trustee Guthals introduced a motion to table this item. Voting in favor of the motion to table were Dawn Achten, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, and Sandra Mossman. Voting against the motion was Mary Jo Fox. The motion carried. Adopt Final Budgets FY 2005-2006 The Board appreciates the new budget book format as a great communication tool. Board members suggested numerous corrections and clarifications which will be included in the final book. Business Manager Thomas Harper stated the General Fund budgets represent no cut in the current instruction, support, or extracurricular activities. Also included in the numbers is the remaining of the funding for the Read 180 Program. The middle schools added .6 FTE for increased class size. Issues of concern are: 1) General Funds are structurally out of balance because we funded $983,000 from Flex, MAC and Medicaid. This is down from the $1.5M we funded in the 2005 Budget due to the $100/ANB increase in the High School and the $200/ANB increase in the Elementary District; 2) Utilities are budgeted at about the same level as last year; and, 3) If we have a normal retirement year in 2006, we do not have enough funds to cover it. We exhausted the Compensated Absence fund with retirements in year 2005. Superintendent Svee stated the 2005-06 Budget was built on the Board’s Budget Assumptions. If we have normal retirements, we will have a budget shortfall requiring a budget amendment to be covered from General Fund Reserves. There is $3.5M in Elementary General Fund Reserves and $1M in High School General Fund Reserves. The District was just notified we will be receiving Technology/Timber dollars which could be used to fund $286K of the Read 180 Program with the $146K balance for Read 180 to be funded from MAC and Medicaid. The $119K set aside in the General Fund for the Read 180 could then be used elsewhere. Trustee Guthals questioned if a $150 per year per student bus fee was adequate reimbursement for the cost of transportation. Superintendent Svee said this rate is usually determined by a set formula. Excessive costs refer to an escalation clause for excessive gas price increases in our contract. Thomas Harper said tuition revenues are deposited into General Funds; and, he has put an additional $75K in the High School Tuition revenue and $275K in Elementary Tuition revenue to raise the budget authority for payments. Payments are required to detention centers for the education portion of our District’s State placed students. The $500K increase in the High School Adult Education budget will be used for remodeling of the Lincoln Center 4th floor, potential student and family services, and a potential Lincoln Auditorium heater replacement. Although there is no direct District money going to Adult Education, it is a permissive levy and does have an effect upon the property tax amount assessed Yellowstone County. Trustee Goodrich moved to adopt the Elementary budgeted funds for year 2005-2006 as follows: General Fund $ 49,324,449 Transportation Fund 2,844,972 Tuition Fund 400,000 Retirement Fund 7,500,000 Adult Education Fund 410,430 Technology Fund 407,361 Flexibility Fund 176,441 Debt Service Fund 2,662,180 Building Reserve Fund 3,116,881 Trustee Getz seconded the motion. Voting in favor of the motion were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Katharin Kelker, Karen Moses, and Sandra Mossman. Joel Guthals is ineligible to vote on this item. The motion carried unanimously. Trustee Goodrich moved to adopt the High School budgeted funds for year 2005-2006 as follows: General Fund $ 30,607,638 Transportation Fund 1,585,781 Tuition Fund 300,000 Retirement Fund 4,420,000 Adult Education Fund 1,594,092 Technology Fund 321,613 Flexibility Fund 182,729 Debt Service Fund N/A Building Reserve Fund 2,668,679 Trustee Getz seconded the motion. Voting in favor of the motion were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Katharin Kelker, Karen Moses, Sandra Mossman, and Joel Guthals. The motion carried unanimously. Update on Elementary Bonds Dave Williams reported all four elementary bond projects (Boulder, Orchard, Ponderosa, & Meadowlark) will open as planned on the first day of school, August 24, 2005. There will be minor inconveniences because there is still construction being done outside. Some areas will be fenced off from students and work schedule times have been coordinated with contractors. Parents have been sent letters regarding the construction. Daylis Stadium Dave Williams presented proposals from several contractors and asked for permission to enter into negotiations with low bidder, CBS Constructors, for a possible package deal for temporary bleachers. Trustee Guthals moved to authorize administration to negotiate with CBS Constructors to provide temporary and permanent bleachers at Daylis Stadium in accordance with bids provided. Trustee Getz seconded the motion. The motion carried unanimously. Superintendent’s Report The District has submitted the required surveys to the Interim Committee on Education. The MQEC Remedy Committee meeting can be viewed on August 17th at 9 a.m. at Lincoln Center, Room 213. Trustee Guthals moved to suspend the rules and continue the Board meeting agenda items until completed. Trustee Achten seconded the motion. The motion carried unanimously. District E-Mail System Jeff Weldon, legal counsel, and Karen Palmer, Director of Technology, recommend the Board change their current E-mail system relating to Board E-mails that allows discussion, and recommend the Board adopt the following to address concerns over the Montana open meeting laws: A. Direct the Superintendent to: 1. Eliminate individual District sponsored Board member e-mail accounts; 2. Develop and implement a web-based notification system to provide District information to Board members and interested citizens with e-mail accounts, including meeting notices; 3. Confirm (1) Board members equipment needs, and (2) technical knowledge regarding internet and web applications; 4. Provide via the District’s webpage a generic District e-mail account that may be used by anyone with an e-mail account to submit questions to the District. B. Direct the Clerk to establish protocol to respond to e-mail questions addressed to the District. C. Direct the Board’s Policy Review Committee to review current District policy and recommend changes to policy to reflect this action. The District Clerk could print a copy of every e-mail that comes addressed to “Board” and put a copy in each Trustee’s mailbox. They are public documents, unless some privacy issue excludes them from being a public document, and if a request for public documents is received the District would respond accordingly. The Clerk’s function would be one of a facilitator responding to questions. Trustees would be able to go to the District’s website and access “Forum” to see meeting notices, etc. If the Board wants to receive feedback on an issue, a survey can be put on the website. Trustee Guthals does not want to diminish any citizen’s opportunity to communicate with the Board including their opportunity to use e-mails or diminish the opportunity of the press to know what’s going on with communications with the Board. Trustee Moses asked about the Clerk forwarding messages to Trustees without the ability to reply; and, she doesn’t want to cut off the public’s right to contact them. Trustee Mossman does not want to cut off an avenue of communication from the public and does not like the idea of receiving copies of e-mails once a week since most public issues are immediate issues. Superintendent Svee asked about the capability of e-mails going to individual Board members on a “read-only” basis. Trustee Goodrich believes the recommended action deals with the Open Meeting Law and does not necessarily address the privacy issue. Chair Kelker believes the privacy issues should not be the District Clerk’s responsibility. She believes there is nothing wrong with a system where the e-mails go directly to Trustees because they get confidential information all the time; and, the issue of privacy comes when the media, or someone, requests a public document and then a decision needs to be made if there is a privacy issue. Using a bulletin board capability to ask questions of the public and share that information with the media would satisfy most media requests. Karen Palmer stated she could provide the following: 1) continue to use “Board” e-mail address to disseminate to personal e-mail Trustee accounts; however, there is no control over responses to these because they are personal accounts; or, 2) if the Board continues with BPS accounts, they can be changed to “read-only” accounts. Trustee Goodrich moved that the Board adopt the recommended action with the addition of item D as follows: A. Direct the Superintendent to: 1. Eliminate individual District sponsored Board member e-mail accounts; 2. Develop and implement a web-based notification system to provide District information to Board members and interested citizens with e-mail accounts, including meeting notices; 3. Confirm: 1) Board members’ equipment needs; and, 2) technical knowledge regarding internet and web applications; 4. Provide via the District’s webpage a generic District e-mail account that may be used by anyone with an e-mail account to submit questions to the District. B. Direct the Clerk to establish protocol to respond to e-mail questions addressed to the District. C. Direct the Board’s Policy Review Committee to review current District policy and recommend changes to policy to reflect this action. D. Provide e-mails received from the public to board@billings.k12.mt.us to Board members on read-only basis. Trustee Getz seconded the motion. Trustee Guthals believes this motion takes away an opportunity that the media and the public have that are interested in the activities and communications with the Board. Trustee Getz said the motion is consistent with Open Meeting Laws, and we are taking appropriate safeguards to make sure we comply with law. Jeff Weldon said the publicly owned system variable on this is whether or not we would be held accountable as the publisher of defamatory commentary in the context of liability. The question was called. Voting in favor of the motion was Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Katharin Kelker, and Sandra Mossman. Voting against the motion was Joel Guthals and Karen Moses. The motion carried. Request for .6 FTE Increase at Will James Middle School The .6 FTE would fund a new employee position from the Elementary General Fund with a cost of $19,000-$20,000 for salary and benefits. Trustee Moses moved to approve the addition of a .6 FTE at Will James Middle School. Trustee Goodrich seconded the motion. Voting in favor of the motion was: Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Katharin Kelker, Karen Moses, and Sandra Mossman. Trustee Joel Guthals is ineligible to vote on this item. The motion carried. High School Cost Feasibility Study The Chair stated the committee studying this issue has reviewed consulting firms and is prepared to submit a recommendation when the Board is ready to make a decision on future direction. Canvass of Votes – August 2, 2005 – Elementary Mill Levy Election Trustee Goodrich moved to approve the canvass of votes from the August 2, 2005 elementary Mill Levy Election as follows: Votes For: 3,739 Votes Against: 5,240 Trustee Getz seconded the motion. Trustee Moses extended appreciation from the Board to Duane Winslow, Yellowstone County Election Administrator, and his staff for the exceptional work they continue to do in conducting our District’s elections. Voting in favor of the motion was Dawn Achten, Dale Getz, Mary Jo Fox, Malcolm Goodrich, Katharin Kelker, Karen Moses, and Sandra Mossman. Trustee Joel Guthals is ineligible to vote on this item. The motion carried. Canvass of Votes – August 2, 2005 – High School Mill Levy Election Trustee Goodrich moved to approve the canvass of votes from the August 2, 2005 High School Mill Levy Election as follows: Votes For: 3,672 Votes Against: 5,841 Trustee Getz seconded the motion. The motion carried unanimously. Management of Legal Issues The Business Committee discussed legal expenses, an in-house staff attorney position, and a policy to manage and pay outside counsel. The Business Committee recommended to the Board the formation of a Board Committee to oversee and supervise the School District’s legal expenses and management of legal issues, and head the search efforts for in-house counsel. Trustee Goodrich moved to form a Board committee to oversee and supervise the School District’s legal expenses and management of legal issues and to head the search efforts for in-house counsel. Trustee Guthals seconded the motion. Discussion clarified that the committee would probably grant some authority to the Chair or Superintendent for on-going purposes to engage legal counsel for issues that require immediate action. Superintendent Svee suggested the Board examine their operational practices in terms of cost i.e., we are the only School District that holds long-term suspension hearings and pays outside counsel to assist with formation of Board Policy. Trustee Getz stated we are fortunate to have two attorneys as Board Trustees who are willing to assist in setting up a process to help us with long-term legal cost management and recruitment of in-house counsel. We spend four times more in legal expenses than other AA school districts. The motion carried unanimously. Monthly Legal Report Jeff Weldon, Legal Counsel, reported new action on pending litigation are: Columbia Falls, et al v. State: the Attorney General asked the Study Commission to not try to retry the facts of the School Funding Case and just try to figure out a remedy. M.T. v. District No. 2, et al: stayed pending, plaintiff’s unavailability due to service overseas. Petition of Billings HS Dist. No. 2: Gazette’s request for public documents is before Supreme Court with a briefing schedule that’s been issued. Hudak v. Delta Machinery and Dist. No. 2: Trial set for January, 2007, and discovery will proceed. Opie v. Billings HS Dist. No. 2: currently being briefed before the State Superintendent. Regarding miscellaneous matters: The long-term suspension calendar was attached for review. Board Meeting Notice Requirements: re documents needed to be attached to agenda items. We have a policy in place that meets statutes of law. Chair Kelker clarified that any document a Board member would use as critical to their decision making should be made available to members of the public. This does not mean it needs to be included in the Board agenda packet, but at the time the Board is making the decision, if someone in the audience wants to see the information, a copy should be available. Jeff Weldon explained there is a difference between what information is critical to decision making and what is for information only. Chair Kelker said there is a qualitative issue where Board members have varying needs for information, so if members are not receiving the information they need or want; it needs to be an entire Board’s decision. Our Policy meets the law. If a Trustee says they do not have enough information, the Chair will ask the entire Board if there is consensus, and if so, this item will be tabled and the specific information will be requested from the Superintendent. Consent Agenda Trustee Goodrich moved to approve the items within the Consent Agenda without objection to recommended action as follows: Regular Board Meeting Minutes, July 18, 2005 Special Board Meeting Minutes, July 25, 2005 Business Committee Minutes, July 11, 2005 School/Community Minutes, July 11, 2005 Reclassification of Business Office Accountant I to Accountant II Communication Plan Implementation Proposal Request to Cancel Outstanding Warrants Addition of CEC-Trust Account at West High Administrative Matrix-Clarification of Placement Request for Additional Military Leave Time Request for Tuition Waiver Yellowstone County School Preparedness Project-Grant Application Strategic Plan Audit Committee Member Appointment Resolution Concerning Constitution Day Trustee Getz seconded the motion. The motion carried unanimously. Communication from the Board Trustee Mossman spoke with Jack Copps and Monica Lindeen to set a meeting date with the Interim Committee and former legislators for the last week in September. The Interim Committee is meeting on August 31 and September 1st. Trustee Moses encouraged Trustees to attend the MQEC meeting in Great Falls at the Holiday Inn on September 11-12, 2005. Trustee Fox asked if the committee to study the Same Time Out issue should proceed given its cost of $1M and the failure of the mill levies. Superintendent Svee would like to proceed to explore its feasibility at an interim level at less cost. Other Trustees expressed concern regarding the timing and the cost. Trustee Fox moved to table this committee at this time. The Chair cannot accept the motion because it isn’t a noticed item on the agenda. The sense of the Board is that the Same Time Out Committee needs to have the conversation with the parents who are interested. Superintendent Svee will respond to Jerry Hansen’s letter at a future Board meeting. Trustee Guthals commented that the employee bargaining units should be allowed to respond to the philosophy of the book presented to the Trustees to read from Jerry Hansen. Chair Kelker appointed Trustees Goodrich and Guthals to the Committee dealing with legal expenses to be chaired by Trustee Goodrich. Calendar/Agenda Planning The following are the future scheduled meetings and events: Monday, August 22, 2005 – 7:00 a.m. – Opening Day – Serve Breakfast to Staff @ Skyview and West Monday, August 22, 2005 – 5:30 p.m. – Special Board Meeting Tuesday, September 6, 2005 – 12:00 noon – Agenda Setting Meeting Monday, September 12, 2005 – Committee Meetings Monday, September 19, 2005 – Regular Board Meeting Adjournment There being no further business, the meeting was adjourned at 10:40 p.m. Katharin Kelker, Chair Sherrill Sullins, Recorder Link to comment Share on other sites More sharing options...
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