Diane Blevins Posted April 4, 2006 Report Share Posted April 4, 2006 Proceedings of the Board of Trustees District No. 2, Yellowstone County High School District No. 2, Yellowstone County Billings, Montana March 27, 2006 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, March 27, 2006, at 5:30 p.m. Those present included: Trustees Katharin Kelker, Malcolm Goodrich, Karen Moses, Sandra Mossman, Dawn Achten, Mary Jo Fox, Dale Getz, Joel Guthals, Conrad Stroebe, Superintendent Rod Svee, and District Clerk Leo Hudetz. Registered guests included Donald Kaull, Linda Jones, Jan Eagler, Jeff Hanser, Lauralee Marchant, Kari Field, Tom Gates, Rafael Zepeda, Jerry Manley, Eunice Vance, Kathy Gonzales, Marge Hunt, Jeff Kinman, Jane Manley, Chuck Scheiwiller, Wilma Neumann, Paula Hoyt, Sharon Klem, Pat Pederson, Danette Cerise, Marti Edgmond, Deanne Reay, Nancy Coe, Michael McCann, Diane Bertrand, Bruce Raw, Mike Carle, Mike Makara, Donna Witham, Peggy Smith, Fred Michels, Carol Forney, Sandra Mammenga, Jerry Hansen, Tim Cranston, Joanie C. Peterson, Barb Fettig, Tracy Crabtree, Janet Baum, Rod Gottula, Diana Mysse, Bobbie Larson, John English, Tina Boone, and Marcia Welliever. 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. Tim Cranston recommended not going out with a mill levy, as the taxpayers are strapped right now. He commended the new budgeting process. He urged the Board to consider clustering to increase teacher/pupil ratios and to move to a six period day in the middle schools. Donna Witham, Diane Bertrand, Kari Field, and Tom Gates (Skyview certified staff) addressed the Board in support of indemnifying Jane Manley, a teacher at Skyview. Fred Michels, a Science teacher from Skyview, stated he was asked to address the Board by Trustee Fox. He voiced his concern there would be an over enrollment of 100 students in Science classes at Skyview for next year. The optimum number of students in each Science class is 24, 30 would be too many and an unsafe situation. He requested an extra 2.8 FTE for next year to allow for 51 sections of Science, which would keep the class sizes at 24. Jane Manley, a Skyview teacher, addressed the Board and clarified some points from her original email. She agreed it was a personal letter sent by her on a personal computer but she did not agree that it was composed on personal time. Personal time after 3:30 p.m. is often spent at IEP meetings, to sponsor extracurricular clubs and dances, attend open houses and other various parent nights, and to work on Zangle for student grades, often late into the night. Ms. Manley felt if staff is to complete their various duties after school hours, they should be considered employees during that time. Allan Audet, Billings Education Association (BEA) President, spoke in support of Jane Manley and urged the Board to indemnify and defend her. He stated, if the Board decided not to indemnify her, the BEA members will be told not to have telephone conversations with parents from home or answer emails from their home computers. Administrative Support Salary Proposal Trustee Goodrich made the following motion with a second by Trustee Getz: Motion to table the item and send it to the Business Committee for review of financial impact. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman, and Conrad Stroebe. The motion passed unanimously. Administrative Salary Proposal Trustee Goodrich made the following motion with a second by Trustee Stroebe: Motion to table the item and send it to the Business Committee for evaluation of financial impact. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman, and Conrad Stroebe. The motion passed unanimously. Legal Report Larry Martin, District legal counsel from the Felt/Martin Law Firm, listed the individuals named in the complaint by the Opies: School District #2, the Board as an entity, Rodney Svee, Katharin Kelker, Jane Manley, Gene Jarussi, Mike Dimich, Jeff Weldon, and the Felt/Martin Law Firm. He reported individuals as employees of school districts have the right to be defended by Montana law, when named in a civil action. The primary criteria is those actions named in the suit must be actions taken in the course and scope of the person’s employment. Jeff Weldon is now a member of the Felt/Martin Law Firm. Indemnification would be for any actions when Mr. Weldon was an employee of the District. The employees must request indemnification from the Board. Mr. Martin recommended Chair Kelker pass the gavel to the Vice-Chair, as she is named in the suit. Vice-Chair Goodrich took the gavel and presided during the agenda item. Mr. Martin recommended the Board supply defense for Superintendent Svee. Trustee Stroebe asked if a clarification as to whom the defendants were in ‘School District #2’. Mr. Martin stated it is appropriate for all the trustees to act on any motions. Trustee Stroebe rose to a point of order. Mr. Martin reported his files show that none of the defendants acted maliciously. Trustee Guthals made the following motion with a second by Trustee Achten: Motion, with respect to Superintendent Svee, that School District #2 shall indemnify and defend Mr. Svee subject to withdrawing the indemnification and defense if facts are developed that demonstrate that his actions were not in the course and scope of employment or that his actions were malicious. Trustee Stroebe stated he would vote with the request his point of order be addressed and taken care. He also stated he did not feeling comfortable voting. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Karen Moses, Sandra Mossman and Conrad Stroebe. Katharin Kelker abstained. The motion passed unanimously. Larry Martin reported the Opies had filed a complaint in accordance with Policy 1700 in regards to Ms. Manley’s email. A panel of Trustees reviewed the administrators’ investigation and affirmed the investigation. The Board then affirmed the findings of the panel. Mr. Martin suggested, if the Board votes to indemnify Ms. Manley, it should allow her to seek separate legal counsel other than the Felt/Martin Law Firm and pay for those services. Trustee Fox made the following motion with a second by Trustee Getz: Move that the Board indemnify and defend Ms. Manley, allowing her the option of legal counsel of her choice, reserving our right to withdraw indemnification if facts or actions under statutory law come to light that would merit such action. Superintendent Svee stated there were many issues in the complaint other than the email. He felt it was valid for the Board to consider the indemnification and defense on those issues alone. There are many items in the suit that are defendable and separate legal counsel is appropriate. Mr. Martin read a template motion. Trustee Stroebe rose to a point of order on the motion and action being requested to take, as the Board was not given any specific information regarding the suggested motion from Mr. Martin. Vice-Chair Goodrich ruled, because there are multiple defendants in a very large complaint and consistency is being sought, Mr. Martin would be allowed to offer his template motion. When asked, Mr. Martin stated Trustee Fox’s motion was acceptable and addressed the issues. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Karen Moses, Sandra Mossman and Conrad Stroebe. Katharin Kelker abstained. The motion passed unanimously. Trustee Fox made the following motion with a second by Trustee Achten: Motion that the School District indemnify and defend Katharin Kelker reserving its right to withdraw its indemnification if facts or actions under statutory law come to light that would merit such action. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Karen Moses, Sandra Mossman and Conrad Stroebe. Katharin Kelker abstained. The motion passed unanimously. Trustee Stroebe made the following motion with a second by Trustee Achten: Move that the School District indemnify and defend Gene Jarussi reserving its rights to withdraw its indemnification if facts or actions under statutory law come to light that would merit such action. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Karen Moses, Sandra Mossman and Conrad Stroebe. Katharin Kelker abstained. The motion passed unanimously. Trustee Stroebe made the following motion with a second by Trustee Getz: Move that the School District indemnify and defend Mike Dimich reserving its rights to withdraw its indemnification if facts or actions under statutory law come to light that would merit such action. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Karen Moses, Sandra Mossman and Conrad Stroebe. Katharin Kelker abstained. The motion passed unanimously. Trustee Stroebe made the following motion with a second by Trustee Getz: Move that the School District indemnify and defend Jeff Weldon, while an employee of School District #2, reserving its rights to withdraw its indemnification if facts or actions under statutory law come to light that would merit such action. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Karen Moses, Sandra Mossman and Conrad Stroebe. Katharin Kelker abstained. The motion passed unanimously. Trustee Stroebe made the following motion with a second by Trustee Getz: Motion to reconsider the motion by Trustee Guthals regarding indemnification of the Superintendent. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Karen Moses, Sandra Mossman and Conrad Stroebe. Katharin Kelker abstained. The motion passed unanimously. Trustee Guthals made the following motion with a second by Trustee Stroebe: Move that the School District indemnify and defend Superintendent Rod Svee reserving its rights to withdraw its indemnification if facts or actions under statutory law come to light that would merit such action. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Karen Moses, Sandra Mossman and Conrad Stroebe. Katharin Kelker abstained. The motion passed unanimously. The Chair took back the gavel and presided over the remainder of the meeting. Interim Superintendent Committee Update and Possible Recommendation Trustee Goodrich reported a committee comprised of himself, Trustees Achten, Getz, and Mossman reviewed the applications for an Interim Superintendent. The committee is recommending Jack Copps be hired as the Interim Superintendent. Trustee Getz reported he was not present when the committee voted on Jack Copps, but he concurred with the committee. Mr. Copps has been a Superintendent of a ‘AA’ school, Deputy Superintendent of the Office of Public Instruction for the State of Montana, and is currently the Executive Director of the Montana Quality Education Coalition. Trustee Guthals made the following motion with a second by Trustee Achten: Motion to offer a contract of employment with Mr. Copps as Interim Superintendent of School District #2 with the terms and conditions of that contract to be negotiated and finalized and presented back to this Board. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman, and Conrad Stroebe. The motion passed unanimously. Mr. Copps stated he is in his 46th year in public education and is looking forward to serving the students of this community. Trustee Guthals made the following motion with a second by Trustee Getz: Motion to authorize the Interim Superintendent Search Committee to negotiate the terms of the employment contract with Mr. Copps. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman, and Conrad Stroebe. The motion passed unanimously. Superintendent Svee felt Jack Copps was the obvious choice and is a great person. General Fund Budget Information FY 2006-2007 The Chair reported the Board would have a work session on the budget. Trustee Getz reviewed the handouts from the subcommittee of the Business Committee that has been looking at a slightly different way of developing a budget. It is a work in progress and shows what it costs at the sites. The handouts showed the number of actual staff at the sites compared with the required number of classrooms and support services. Trustee Getz stated the information is a foundational basis and can be used for other discussions on outcome based budgets. Trustee Stroebe asked the information on non-school sites be added to the forms. Thomas Harper reported there is a shortfall projected in the 2007 general fund at $2,613,667 in the elementary and $1,876,165 in the high school. Those amounts include the settlement agreements with the bargaining units, except the administrative staff. There will be 50 retirements this year, which includes administrators and teachers, with the exception of Executive Director of Secondary Education. The forecast for 2007 reflects the replacement of the retirees. Trustee Getz reported, if a budget amendment was made due to the increased cost of utilities and a shortfall in the budget, the bond rating for the District would drop. Bond ratings determine how much it would cost the District to borrow. The District is currently at the low range of reserves of what would be expected by bond underwriters. Trustee Guthals asked if any of the one-time money had been moved into the budget. Those funds are not in the budget but included in the miscellaneous funds. Trustee Guthals reported there is $2,300,000 for deferred maintenance and weatherization and could be moved in to pay for maintenance. Trustee Getz stated the committee focused on what is in the budget on an ongoing basis. There are only salaries for facilities people in the budget at this time. Superintendent Svee suggested the Board have a philosophical discussion at some time on the use of deferred maintenance funds. Trustee Stroebe asked what is needed to building the reserve funds up to the structurally sound level. Trustee Getz reported it a 5-8% reserve level would be needed. If budget amendments are made, they would be $621,000 in the high school and $676,000 in the elementary. Trustee Stroebe asked if there were choices on where the funds would come from to make up the shortfall in utilities. Thomas Harper stated he would look into that possibility. The Chair stated the Board needed to focus on what it wants to preserve in the budget and items that it will have to forego. The subcommittee has not made any decisions on how to balance the budget. Superintendent Svee stated the administration did not agree with the FTE as listed on the subcommittee’s work-in-progress forms. He passed out the figures compiled by the administration. The Chair stated the Board could choose to have a mill levy but it is not close to defining what would be included in the vote or how much the vote should be. The Board could choose a number and then decide at a later date what would be included. She suggested a Saturday meeting to determine that information. A vote must be taken tonight on whether to run a mill levy. She stated she would work with Trustee Getz and the subcommittee to come up with the information that we want to have when we make our final decision on the budget. The decision was made to have a meeting on Saturday, April 8th at 9:00 a.m. Resolution Setting the Amount of the Elementary Levy Election on May 2, 2006 Trustee Moses made the following motion with a second by Trustee Fox: Motion to adopt the resolution declaring the amount of the elementary levy election to be held on May 2, 2006 at $1,218,348, such amount being approximately 10.05 mills. Trustee Moses stated she was not prepared to make cuts without asking the voters for the additional funds. Trustee Fox reported she supports the motion, as the voters in her area want Beartooth Elementary opened at some point. Trustee Stroebe urged the elementary trustees to vote for the elementary mill levy. Trustee Achten stated she could not support a mill levy not knowing what would be lost. Trustee Goodrich was concerned there was not an agreement between the subcommittee and administration on the numbers. Even with a mill levy, there will be cuts and additional cuts if the mill levy fails. Trustee Goodrich stated he would support the mill levy. Trustee Fox was upset that the administration brought numbers forward this evening that did not match the subcommittee’s findings. Those voting in favor of the motion were Mary Jo Fox, Malcolm Goodrich, Katharin Kelker, Karen Moses, and Sandra Mossman. Dawn Achten and Dale Getz opposed the motion. The motion passed. Trustees Guthals and Stroebe are ineligible to vote on elementary issues. The following is the resolution: WHEREAS, the trustees of any district shall have the authority under the provision of section 20-20-201, MA, to call for a school election; WHEREAS, the trustees of this district shall have the authority under the provisions of section 15-10-425 and Title 20 of the Montana Code Annotated to set the amount of a mill levy; WHEREAS, the trustees of this district adopted a resolution on March 21, 2006 calling for an elementary levy election on the 2nd day of May, 2006 for the purpose of voting upon the question of whether or not the trustees shall be authorized to make a levy for the purpose of providing funds to support the general fund for the proper maintenance and operation of the elementary district for the 2006-2007 school year, beginning July 1, 2006: THEREFORE BE IT RESOLVED, that the trustees of School District No. 2, Yellowstone County declare that the amount of the elementary levy election to be held on May 2, 2006 shall be $1,218,348, such amount being approximately 10.05 mills. Resolution Setting the Amount of the High School Levy Election on May 2, 2006 Trustee Stroebe made the following motion with a second by Trustee Guthals: Motion to adopt the resolution declaring the amount of the high school levy election to be held on May 2, 2006 at $2,607,790, such amount being approximately 14.35 mills. Trustee Stroebe felt the community would get the best return on their investment and it would be the best thing the community could do to address the drop out situation. Trustee Guthals stated, now that he has seen more information, he has been persuaded that if no support is obtained from the community for the high schools, serious cuts will have to be made. He was concerned about the negative impact layoffs would have on the community and its economy. Those voting in favor of the motion were Mary Jo Fox, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman, and Conrad Stroebe. Dawn Achten and Dale Getz opposed the motion. The motion passed. The resolution is as follows: WHEREAS, the trustees of any district shall have the authority under the provision of section 20-20-201, MA, to call for a school election; WHEREAS, the trustees of this district shall have the authority under the provisions of section 15-10-425 and Title 20 of the Montana Code Annotated to set the amount of a mill levy; WHEREAS, the trustees of this district adopted a resolution on March 21, 2006 calling for an high school levy election on the 2nd day of May, 2006 for the purpose of voting upon the question of whether or not the trustees shall be authorized to make a levy for the purpose of providing funds to support the general fund for the proper maintenance and operation of the high school district for the 2006-2007 school year, beginning July 1, 2006: THEREFORE BE IT RESOLVED, that the trustees of School District No. 2, Yellowstone County declare that the amount of the elementary levy election to be held on May 2, 2006 shall be $2,607,790, such amount being approximately 14.35 mills. Resolution Setting the Amount of the High School Building Reserve Election on May 2, 2006 Dave Williams, Executive Director of Activities/Facilities supplied the list of projects to the Board members. The lists contained projects that are warm, safe and dry, and major projects that are needed. Trustee Guthals made the following motion with a second by Trustee Goodrich: Motion to adopt the resolution declaring the amount of the high school building reserve election to be held on May 2, 2006 at an additional annual levy for each year for five (5) years to raise an annual amount of $1,000,000 and being approximately 5.38 mills and establish a building reserve of this high school district to raise a total amount of $5,000,000. Trustee Guthals reported this would impose no new taxes, as it is a renewal of the previous building reserve levy. The use of funds would continue to make repairs on our school buildings. He reported he has spent many hours in meetings with the Facilities Director and has become familiar with the condition of the schools. Trustee Goodrich stated taxes would go down, as there is no elementary bond issue. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Karen Moses, and Conrad Stroebe. Those opposing were Katharin Kelker and Sandra Mossman. The motion passed. The resolution is as follows: WHEREAS, the trustees of any district shall have the authority under the provision of section 20-20-201, MA, to call for a school election; WHEREAS, the trustees of this district shall have the authority under the provisions of sections 20-9-502, MCA, and 15-10-425, MCA to establish a Building Reserve Fund and set the amount of a mill levy; WHEREAS, the trustees of this High School District No. 2, Yellowstone County adopted a resolution on March 21, 2006 calling for an High School Building Reserve Fund election on the 2nd day of May, 2006 for the purpose of voting upon the question of whether or not the trustees shall be authorized to make a levy for the purpose of providing funds for the High School Building Reserve Fund for the maintenance, construction, equipping, or enlarging of school buildings: THEREFORE BE IT RESOLVED, that the trustees of High School District No. 2, Yellowstone County declare that the amount of the High School Building Reserve Fund Election to be held on the 2nd day of May, 2006, shall be an additional annual levy for each year for five (5) years to raise an annual amount of $1,000,000 and being approximately 5.38 mills, and establish a building reserve of this high school district to raise a total amount of $5,000,000. Adjournment As there was no further business, the meeting adjourned at 9:08 p.m. Katharin Kelker, Chair Diane Blevins, Recorder Link to comment Share on other sites More sharing options...
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