Diane Blevins Posted April 28, 2006 Report Share Posted April 28, 2006 Proceedings of the Board of Trustees Special Board Meeting District No. 2, Yellowstone County High School District No. 2, Yellowstone Billings, Montana March 21, 2006 Call to Order 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 30th Street, Billings, Montana, March 21, 2006, at 5:30 p.m. Chair Katharin Kelker presided and led those present in the Pledge of allegiance. Roll Call Members present included: Trustees Katharin Kelker, Sandra Mossman, Mary Jo Fox, Dawn Achten, Karen Moses, Joel Guthals, Malcolm Goodrich, Dale Getz, Conrad Stroebe, Clerk Leo Hudetz, Superintendent Rod Svee. Registered guests included Chuck Scheiwiller. 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. There was one public comment. Chuck Scheiwiller addressed the Board regarding the levy. Chuck Scheiwiller expressed the concern that the Board is repeating past mistakes by allocating money when it is not actually available. Chuck Scheiwiller suggested when the Board makes the decision to run a levy they are open to conversation and making a good decision based on what is truly correct. Chuck Scheiwiller suggested that the Board have a plan with a follow through commitment to the decisions that are made. Monthly Legal Report Jeff Weldon reported on pending litigation with a couple items to report: the Rapp-Swecker issue has a scheduling conference scheduled March 23, 2006, the KTVQ case is still pending, Plaintiff Council and proposed schedule, the Erekson case is pending in the Supreme Court; Mr. Erekson has requested oral argument before the Supreme Court, the Eastman case is pending discovery, the M.T. case is on hold due to parent request; Jeff Weldon noted that the status changes regarding the M.T. case changes in the month of April, the Petition of Billings High School District No. 2 is pending before the Supreme Court, the Hudak case is pending in discovery, and the Human Rights Bureau Case is in the investigation stage with interviews with District witnesses that occurred March 22, 2006. Mr. Weldon also reported on the two new cases; Harper vs. District 2 and Opie vs. District 2. The District will move to dismiss the Harper vs. District 2 case based on the fact that the employee was covered by Work Comp and that is the exclusive remedy she has. Jeff Weldon turned the report over to Larry Martin to report on the Opie v District 2 issue due to the fact that Jeff Weldon has been named a defendant in the case. Mr. Martin reported that a number of people are named as defendants in the case. The firm Felt, Martin, Frazier, Jacobs, & Rapkoch, P.C. has filed on behalf of all of the defendants a motion to dismiss within the appropriate time frame following service to ensure that the defendants are protected and that no one will be defaulted. Mr. Martin explained indemnification and the defense of governmental employees which is a matter of statute. Mr. Martin has asked that the indemnification matter be placed on the agenda at the Special Board meeting Monday, March 27, 2006 for review and formal action. Mr. Martin reported that the complaint has 42 separate counts going back to 2002, claiming tampering of student grades, TRO, and e-mails. Larry Martin reported that the firm will actively be defending the case. Conrad Stroebe made the following motion with a second by Dale Getz to go into closed session. Those voting against were Joel Guthals. Those voting in favor were Dawn Achten, Mary Jo Fox, Malcolm Goodrich, Katharin Kelker, Karen Moses, Sandra Mossman, Dale Getz, and Conrad Stroebe. The motion passed. The Board went into closed session to discuss litigation strategy at 5:55 p.m. The meeting was reopened to the public at 6:20 p.m. Malcolm Goodrich made the following motion with a second by Sandra Mossman; To approve the Long Term Suspension report. Those voting against were Conrad Stroebe. Those voting in favor were Dawn Achten, Mary Jo Fox, Malcolm Goodrich, Katharin Kelker, Karen Moses, Sandra Mossman, Dale Getz, and Joel Guthals. The motion passed. Mill Levy Elections – May 2, 2006 Trustee Kelker reported that the Board has an opportunity to offer a mill levy and a building reserve at the elementary and high school district. Trustee Kelker suggested that it might be more productive to discuss the issues together before motions are made. Malcolm Goodrich explained that there is a March 23, 2006 deadline to declare the intent to call a levy, but the Board may decide not to call a levy after reviewing the budget. Leo Hudetz stated that the technical actual last date an amount can be offered is April 6, 2006, but realistically it should be March 29th, 2006. A budget meeting is scheduled for March 27, 2006. Karen Moses stated there is a challenge if the Board calls for a levy election, but cannot articulate the item or items to be indicated. Joel Guthals asked for the dollar amount the election will cost and what type of election it would be. Leo Hudetz stated the amount would be between forty and fifty thousand dollars and voters would go to the polls. Leo Hudetz stated there could be some or no cost for the Trustee election depending on who applies. Trustee Kelker suggested that significant cuts or changes may have to be in the budget this year to afford the basics. Trustee Kelker recommended the Board communicate to the public that the system in the state requires mill levies to pass in order to have enough money to pay for the students’ required needs. Trustee Kelker asked the Trustees to consider where the Board wants to put their energy; into mill levy, building reserves, or bond issue. Mary Jo Fox had several questions for the business committee and the Board to consider before making any decisions regarding the Mill Levy; are all of the needs outlined by the mill levy from last summer still valid, can we sustain an all day kindergarten if we are mandated to have them, will classroom ratios be negatively affected without a levy, if our elementary budget were to reach the state cap would our schools provide a better education to our students, and do we believe that one time legislative funding as a result of the special session will continue. Trustee Kelker clarified that All Day Kindergarten is a future proposal by the Governor and we are not expected to provide All Day Kindergarten. Karen Moses suggested that if district employees do not buy into a mill levy the public will not either. Dale Getz offered some different points of view regarding the mill levy. Dale Getz asked the Board what has changed since August of last year. Dale Getz said he was surprised when running the mill levy last year the Board decided to go to the cap without looking at specific programs. He reminded the Trustees that the voters have said “no”, the difference this year might be the staff voting “yes.” Dale Getz suggested that in the voter’s minds they will look at the fact the governor has given money that is tax money, the voters are weary and distrustful of the district, and we are only one entity of Billings who will be asking voters for money. Dale Getz expressed one of the challenges is the districts enrollments are flat to declining which creates revenue challenges because of the state’s funding mechanism. Dale Getz emphasized the truth is our revenues are not going to keep up with staff to retain quality teachers and the numbers are going to have to be adjusted if we are not going to tax. Dale Getz reminded the Trustees that the district has enjoyed student-teacher ratios below the accreditation standards, but suggested that the district can not afford to keep doing it. Dale Getz suggested that it would be premature and would dilute our creditability when we say we do not know how much we are going to need but we need it and this also dilutes the ability to move forward on the building reserve levy. Malcolm Goodrich suggested that student-teacher ratios are more important than facilities. Malcolm Goodrich suggested that creating a structurally balanced budget is as important to the bond run up because the interest rates the district would obtain in a bond election are based in a large part upon the quality of our reserves. Malcolm Goodrich noted that the district is planning for long term solutions. Sandra Mossman implored the Trustees to be specific regarding items that are put on the mill levy before next Monday and that it can easily be explained to the community. Conrad Stroebe referred to a piece by economist Larry Swanson, from the center of Rocky Mountain West that appeared in the Billings Gazette regarding good schools. Conrad Stroebe suggested a different strategy to sell the mill levy to the voters might be to say, “please”. Trustee Kelker asked for discussion to address the building reserve levy. Trustee Kelker suggested because the district received money from the state for past due maintenance, and the district has carry over money from this year that will be available for building reserve type projects for next year, the Board might consider delaying a building reserve until the following year. Dale Getz suggested that the building reserve has been needed and used wisely. Dale Getz suggested that building reserve levies that have passed has been due to the Board identifying specific projects so voters could make an informed decision, Dale Getz does not think that has been done at this time. Conrad Stroebe asked if a building reserve levy could be run at any time during the year. Leo Hudetz stated that a reserve levy can only be run as a mill levy on the regular school election date and a bond can be run at any time. Trustee Fox asked if the reserve fund is a continuation of taxes or if they are raised. Trustee Fox suggested that it is important for the voters to understand that it is not an increase of their taxes because the district already has a reserve levy that expires this year. Dawn Achten suggested that voters are confused regarding the different levies. Dawn Achten and Karen Moses recommended specific items be put on the mill levy regarding what we are going to be able to fund and what we are not going to be able to fund. Resolution Calling For An Elementary Mill Levy Election – May 2, 2006 Malcolm Goodrich made the following motion with a second by Mary Jo Fox. WHEREAS, the trustees of any district shall have the authority under the provision of section 20-20-201, MCA to call for a school election: THEREFORE BE IT RESOLVED, that the trustees of School District No. 2, Yellowstone County call for an election of the registered electors of the District to be held 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. Polls are to be open from 7:00 a.m. until 8:00 p.m. on the said day of the election. Judges and polling places are to be established by the Yellowstone County Election Administrator. Those voting against were Dale Getz Those voting in favor were Dawn Achten, Mary Jo Fox, Malcolm Goodrich, Katharin Kelker, Karen Moses, and Sandra Mossman. The motion passed. Resolution Calling For A High School Levy Election – May 2, 2006 Malcolm Goodrich made the following motion with a second by Conrad Stroebe. WHEREAS, the trustees of any district shall have the authority under the provision of section 20-20-201, MCA to call for a school election: THEREFORE BE IT RESOLVED, that the trustees of High School District No. 2, Yellowstone County call for an election of the registered electors of the District to be held 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. Polls are to be open from 7:00 a.m. until 8:00 p.m. on the said day of the election. Judges and polling places are to be established by the Yellowstone County Election Administrator. Joel Guthals is opposed to the motion, but will enthusiastically support the Boards decision. Joel Guthals suggested his reasoning is that we completely understand what money we need, what money we are spending, and why we need the money and at this point no one can answer this question yet. Conrad Stroebe, Mary Jo Fox, and Karen Moses strongly suggest the voters should be asked. Those voting against are Joel Guthals and Dale Getz. Those voting in favor are Dawn Achten, Mary Jo Fox, Malcolm Goodrich, Katharin Kelker, Karen Moses, Sandra Mossman, and Conrad Stroebe. The motion passed. Resolution Calling For a High School Building Reserve Election – May 2, 2006 Conrad Stroebe made the following motion with a second by Karen Moses WHEREAS, the trustees of any district shall have the authority under the provision of section 20-20-201, MCA to call for a school election. THEREFORE BE IT RESOLVED, that the trustees of High School District No. 2, Yellowstone County call for an election of the registered electors of the District to be held 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 impose an additional annual levy for each year for five years to raise an annual amount of $_______________ and establish a building reserve of this high school district to raise a total amount of $________________, for the purpose of maintenance, construction, equipping, or enlarging of school buildings. Polls are to be open from 7:00 a.m. until 8:00 p.m. on the said day of the election. Judges and polling places are to be established by the Yellowstone County Election Administrator. Conrad Stroebe addressed capacity needs and the bond issue and suggested that costs will continue to rise. Conrad Stroebe recommended that we take care of the buildings we already have. Those voting against were Dale Getz, Sandra Mossman, Malcolm Goodrich, and Katharin Kelker Those voting in favor were Dawn Achten, Mary Jo Fox, Karen Moses, Conrad Stroebe and Joel Guthals. The motion passed 5-4. Resolution Calling For An Elementary Building Reserve Election – May 2, 2006 Dawn Achten made the following motion with a second by Karen Moses. WHEREAS, the trustees of any district shall have the authority under the provision of section 20-20-201, MCA to call for a school election: THEREFORE BE IT RESOLVED, that the trustees of Elementary School District No. 2, Yellowstone County call for an election of the registered electors of the District to be held 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 impose an additional annual levy for each year for five years to raise an annual amount of $_______________ and establish a building reserve of this Elementary School District to raise a total amount of $________________, for the purpose of maintenance, construction, equipping, or enlarging of school buildings. Polls are to be open from 7:00 a.m. until 8:00 p.m. on the said day of the election. Judges and polling places are to be established by the Yellowstone County Election Administrator. Those voting for were for were Dawn Achten, Karen Moses, and Mary Jo Fox Those voting for against were Dale Getz, Malcolm Goodrich, Kartharin Kelker, Sandra Mossman. The motion failed. Adjournment As there was no further business, the meeting adjourned at 8:00 p.m. Katharin Kelker, Chair Brenda Cross, Recorder Link to comment Share on other sites More sharing options...
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