AMPHITHEATER
PUBLIC SCHOOLS
Tucson,
Arizona
MINUTES OF
REGULAR PUBLIC MEETING OF THE GOVERNING BOARD
Place, Date and Time
of Meeting
Cross Middle School, Multipurpose Room, 1000 W. Chapala
Drive, December 11, 2001, 5:00 p.m.
Board Members Present
Dr. Kenneth Smith,
President
Nancy Young Wright, Vice President/Clerk
Dr. Kent Barrabee, Member
Mike Prout, Member
Mary Schuh, Member
Central
Administrators Present
Dr. Vicki M.
Balentine, Superintendent
Dr. Richard Hooley,
Associate Superintendent
Todd A. Jaeger, J.D.,
Associate to Superintendent and General Counsel
Constance Cigliana,
Director of Finance
Dr. Kenneth Smith called the meeting to order.
EXECUTIVE SESSION
1. Motion to Recess Open Meeting and Hold an
Executive Session
A.
Discussion
and Consultation with Legal Counsel in Order to Obtain Legal Advice and to
Consider the District’s Position and Instruct Legal Counsel Regarding
Litigation Filed by Katie Frey, Ph.D., Pursuant to A.R.S. §38-431.03(A)(3 and
4);
B.
Discussion
and Consultation with Representatives of the Governing Board Regarding
Negotiations with Employee Organizations Regarding Salaries, Salary Schedules,
or Compensation Paid in the Form of Fringe Benefits of Classified, Certificated
and Administrative Employees, Pursuant to A.R.S. §38-431.03 (A)(5);
C.
Discussion
and Consultation with Legal Counsel in Order to Obtain Legal Advice Regarding
Issuance of Preliminary Notices of Intent Not to Renew Certificated Teacher
Contracts, Pursuant to A.R.S. §38-431.01(A)(3);
D.
Discussion
or Consideration of Employment, Evaluation and Non-Renewal Preliminary Notice
of Intent Not to Renew Employment of Certificated Teachers, Pursuant to A.R.S.
§38-431.03(A)(1);
E.
Discussion
or Consideration of Confidential Personnel Records of Evaluation, Pursuant to
A.R.S. §38-431.03(A)(2).
A motion was made by Dr. Barrabee, seconded by Mrs. Schuh and passed unanimously, that the Board recess into executive session pursuant to the above. The time was 5:01 p.m.
OPEN SESSION
Reconvening of Open Session and Signing of
Visitors Register
Following the executive session, Dr. Smith reconvened the
meeting at 7:36 p.m., and asked members of the audience to sign the visitors
register. Procedures for addressing the
Board were described.
PUBLIC COMMENT
There were no public comments.
2. Announcement of Date and Place of Next
Regular Governing Board Meeting
Dr. Smith announced the next regular meeting of the Governing Board: Tuesday, January 8, 2001, 7:00 p.m., at Wetmore Center, 701 West Wetmore.
3. Recognition of Amphitheater High School Commended Student in the 2001-02 National Merit Scholarship Program
Michael Thompson, Amphitheater High School, was recognized as a Commended Student in the 2001-02 National Merit Scholarship Program.
4. Review of 2002-03 Budget Development and
Monthly Budget Status Report
Dr. Balentine noted ongoing meetings to review the budget
with certified and classified employees, parents, and Amphi Education
Association representatives. Those
representatives then return to their respective larger groups, sharing
information and gaining input for the Board.
The input will be provided to the Superintendent in January and
February, and then compiled and shared with the Board in March.
Ms. Cigliana presented the monthly budget review, looking at
expenditures through October 31, 2001.
Ms. Cigliana reviewed Proposition 301 monies received as of
December 4 (third funding period). She
noted a deficiency in funding: Instead
of receiving $272.42 per student, the District had received $51.56 per student
(18.9% of original projection), leaving a shortfall at this time of 81%. She noted that funding is based on the sales
tax and spoke of probable causes of this shortfall. Ms. Cigliana confirmed that the District had received less than a
fifth of the estimate, which by this time was expected to be half of the yearly
projection. Mr. Prout requested that
graphic presentations be made, with the ten-month period plotted, showing a
target line of $272.42, with data points indicating the state’s
performance. Board members indicated
that if the situation had not improved by February, a plan should be in place
to deal with this shortfall.
CONSENT AGENDA
A motion was made by Ms. Young Wright to approve consent
agenda items A-M. Dr. Barrabee asked
that item L be considered separately.
Mr. Prout seconded the motion, with the pullout of item L. In voting for items A-M, with the exception
of L, the motion passed unanimously.
Appointment of personnel is effective, provided all district, state and
federal requirements are met.
Item L:
Out-of-State Travel. There
was discussion regarding approval of out-of-state travel for student
groups. Dr. Hooley clarified that these
trips are funded mainly by student funds/clubs/organizations such as
PTO’s. Concerns were raised regarding
insurance/rental vehicles used by the District. Mr. Jaeger stated that the District is currently covered by
standard liability coverage in the amount of $50 million. Administration will provide additional
current information in a Friday packet.
It was suggested that fundraising cover any substitute
costs. The concern was raised of
students’ performance being affected by missed class time while on trips. There was discussion of student/staff
expectation of Board approval of trips, that planning and fundraising for trips
occurs before approval has been obtained.
It was suggested that a timeline be developed to create a process
whereby the Board is informed of travel plans prior to the initiation of
planning and fundraising. The
permission slip will be reviewed.
Suggestions were made for the travel request form: that substitutes be listed as a cost; that
there be an indication of whether requested trips would occur on class days or
during intersessions or holidays; and that that for future Board book items,
pages be numbered.
Dr. Smith asked for a motion to continue item L, with the exception of the Wilson trip (scheduled over the winter break), with the approval of that portion of the item. Mr. Prout so moved. The motion was seconded by Dr. Barrabee and passed unanimously. Further discussion of this item will be agendized for the January 22, 2002 Board meeting.
A. Approval of
Minutes of Previous Meetings
Minutes of the
November 13, November 15, November 29, December 3, and December 6, 2001,
Governing Board meetings were approved.
B. Appointment of
Personnel
Certified and
classified personnel were appointed, as listed in Exhibit 1.
C. Personnel
Changes
Certified and
classified personnel changes were approved, as listed in Exhibit 2.
D. Leave(s) of
Absence
Leave of absence
requests were approved for certified and classified personnel, as listed in
Exhibit 3.
E. Separation(s) and
Termination(s)
Certified and
classified personnel separations (including an addendum) were approved, as
listed in Exhibit 4.
F. Request to
Terminate Early Retirement Contract
Charles R. Kidwell,
former bus driver, Transportation Department, was previously granted early
retirement, effective August 15, 1998.
The Board approved the request of Mr. Kidwell for termination of his
early retirement contract compensation and all other benefits associated with
the plan, effective December 31, 2001.
Textbook: Culinary
Essentials
Publisher: Glencoe/McGraw Hill
Author: Johnson & Wales University
Price: $38.97 (Thirty books will be purchased at
Amphitheater High School, totaling $1,169.10.)
I. Review
and Approval of Extension to Agreement Between Amphitheater and Pima Community
College Regarding Vocational Courses and Programs
In 1989, Amphitheater entered into an Articulation Agreement related to
vocational education with Pima County Community College District. Pursuant to the terms and conditions of the
original agreement, the agreement may be extended for subsequent one-year
increments with the approval of the respective Governing Boards. Pima College’s Board of Governors had
approved the most recent extension and had requested the Amphitheater Governing
Board do the same. The Board approved
this agreement, which will automatically terminate on June 30, 2002.
J. Approval of Tri-Party Depository Pledge Agreement with Wells Fargo Bank
The
Board approved the Depository Pledge Agreement as signed by the Superintendent
and Chief Financial Officer. This
agreement between the District and Wells Fargo Bank Arizona, N.A., the
District’s depository bank, allows the depository bank to collateralize
District-deposited funds in excess of the $100,000 covered by the Federal
Deposit Insurance Corporation (FDIC).
The collateral, in aggregate market value of eligible securities held by
the custodian, Wells Fargo Bank Minnesota, N.A., must amount to not less than
102% of the collected funds on deposit, increased by accrued, uncredited
interest, and reduced by monies insured by the FDIC.
K. Review and Approval of Grants: AZTEC Grant; REACH Grant; Priority Programs (State Vocational Block Grant; Carl Perkins Vocational Education Grant
The Board approved the following grants:
AZTEC Grant – The Arizona Teacher Education Coalition; REACH Grant –
State Grant for Gifted Education; Priority Programs (State Vocational Block
Grant); Carl Perkins Vocational Education Grant.
L. Approval of Out-of-State Travel
Out-of-state travel
was approved (source of funding indicated):
Nicole Tilicki, Anne Held, Vanessa Hill, Theresa Fritton, Wes Weeks,
Valerie Wirth, Dan Erickson and Christy Talmage, Wilson K-8 School, to take
approximately 250 sixth-grade students to California (Oceans III trip) in
January (all expenses assumed by students).
(See beginning of the Consent Agenda for discussion and vote on this
agenda item.)
M. Acceptance of Gifts
The Governing Board
accepted donations, as listed in Exhibit 5.
N. Approval of Vouchers
The following vouchers were approved as presented and
payment authorized:
Vo.
162 $748,101.35
Vo.
167 422,361.77
Vo.
168 382,229.41
Vo.
169 341,004.60
O. Authorization of Superintendent to Issue
Preliminary Notices of Intent Not to Reemploy Certificated Teachers on Grounds
of Inadequate Classroom Performance
The Board authorized
the Superintendent to issue preliminary notices of intent on behalf of the
Governing Board, notifying specified teachers of the District’s intent not to
renew their contracts if their classroom performance does not improve. The teachers to whom the Board authorized
the intent of
non-renewal were: Michael Cheresnowsky, Kathleen Iris Coleman, Mary Ann McCarthy,
Martha Rope, Bonnie Sebera, Andrea Wood.
P. Approval of Xerox Copier Upgrade
The Board approved the
recommendation of the administration to upgrade from analog copiers to digital
copiers/printers at District sites.
5. Discussion and Study of Current District
Early Retirement Program; Discussion of Draft Proposals for Revision and/or
Replacement of the Early Retirement Program; Approval of Early Retirement
Phase-Out Program
Board book information: In recent months, the Governing Board had
been studying the complex issues related to the district’s Early Retirement
Program (ERP). At its November 15,
2001, Board meeting, the Board directed the Administration to enter into the
meet and confer process with the Amphitheater Education Association to confer
regarding the ERP. The Board’s charge
to the meet and confer participants was articulated: to develop a means of phasing out the current ERP.
Over the previous two
weeks, teams of representatives from both the Administration and the
Association had met to develop a plan that responded to the Board’s
charge. The process was a positive and
productive one. Both parties clearly
understood the financial significance of the ERP to employees and to the
District. Clearly, employees were
concerned about the continuation of the ERP, particularly those who may have
had intentions in the future to pursue benefits under the program. Both parties understood the concerns of
employees. At the same time, it was
understood by all that the current ERP was funded from the same source of funds
– the District’s Maintenance and Operations budget – from which employees’
salaries and benefits are paid. All
appreciated the fact that any expenditure toward the ERP affects the District’s
ability to make expenditures on salaries and benefits. Also recognized were the difficulties ahead
in the near future as more and more employees qualify for retirement. With all these understandings, and given the
Board’s charge, a proposal had been developed and was presented for the Board’s
consideration and action.
John Lewandowski, Amphitheater Education Association President, spoke of a misunderstanding regarding the health insurance to be provided. He requested that the Board pass the phase-out plan, with the proviso that the figures be adjusted to reflect an amount that will cover an individual, at least for the first year, from either the state insurance or Amphitheater insurance. In discussion, it was noted that all Administration and Association negotiators had signed the written agreement. Tom Moser addressed the Board regarding the expense of the phase-out plan. Dr. Smith noted that this plan would be part of the standard negotiations process. Peggy Woods spoke regarding the insurance facet of the program. In further discussion, Tom Moser again addressed the Board. Mrs. Schuh spoke of the monies that had been spent through the years on the Early Retirement Program that could have gone into the classroom. Dr. Barrabee spoke of the proposed program being an accomplishment, and of the good will generated through participating together in an intensive and dedicated process.
Dr. Barrabee moved to accept the proposal as presented. Ms. Young Wright seconded the motion.
Dr. Smith noted that a motion had been made and seconded that the proposal presented to the Board by the representatives of the Administration and the Association be approved. Ms. Young Wright spoke of the enhanced communication which had been brought forward during this process, stating that the Early Retirement Program should have been on the table ever since 1981 so everybody always clearly understands how funding of the program affects the bottom line, including benefits, salaries, and programs; the Early Retirement Program could not remain as it had been. Mr. Prout stated that the ERP as utilized had been a retirement-enhancement program; he noted that it would continue to a part of the meet and confer process, where it would be considered along with salaries and other funding.
The motion passed 4-1, with Mrs. Schuh voting no.
6. Revision of 2001-2002 Expenditure Budget
Board book information: The Fiscal Year 2001-02 Expenditure Budget was adopted using estimates for the final expenditure figures. In October, the District’s Annual Financial Report (AFR) for the year ending June 30, 2001, was completed and approved by the Board. In this December amendment to the Fiscal Year 2001-02 Expenditure Budget, the Finance Department had replaced estimates with the actual AFR dollars and had adjusted for a decrease in the 40th day ADM numbers. It was the recommendation of the administration that the Governing Board approve the December revision of the 2001-02 Expenditure Budget.
Dr. Balentine noted the opportunities for revision of the District budget throughout the fiscal year. In January or February, after receiving proper forms and formatting from the state, another revision would be presented. Ms. Cigliana presented the budget revision, providing an overview of changes, noting an increase of $148,431 in the General Budget Limit, bringing it to $71,135,857 from the July limit of $70,987,426.
Ms. Young Wright moved approval of the revision to the 2001-02 Expenditure Budget. The motion was seconded by Mrs. Schuh and passed unanimously.
7. Discussion of Bus Driver/Student Safety
Issues
Board book
information: School bus safety is
governed by District Policies EEAE and EEAEC, along with practices and
procedures employed at schools and by the Transportation Department. Policy EEAE defines minimum guidelines for
the Transportation Department and the District. Also, the Transportation Department uses pre-employment training
and ongoing in-service training and communication with parents to establish
safe procedures and clear understandings about safety and student behavior
beyond those policy guidelines. Policy
EEAEC and its accompanying regulation (EEAEC-R) define student conduct and the
procedures that drivers should follow with students and administrators when
misconduct on the bus occurs.
There was discussion of
the usefulness of video surveillance on school buses. Marc Lappitt, Transportation Director, will look into outside
funding for further development in this area.
Discussion included the need for continual reinforcement of safety
issues in the classroom, providing education for students and bus drivers. Board members expressed appreciation to bus
drivers for the difficult job they perform.
Dr. Hooley described the District procedures followed for bus
disciplinary problems. Mr. Prout questioned
whether District procedures followed in disciplinary matters occurring on buses
mirror state statute. It was mentioned
that there is a need to start looking at replacing more buses. Dr. Balentine stated that this discipline
concern would be included in the Board’s review of the District Code of
Conduct.
8. Study of Utilization of Parent Volunteers
This item was continued to a future Board meeting.
9. Study of Draft Revisions to Governing Board
Policy KBE and Its Corresponding Regulation Relating to Parent Teacher
Organizations and Fundraising Activities
Board book information: Policy KBE relates to Parent Teacher Organizations. The regulation for the policy requires that all funds raised by an organization be deposited into the school’s auxiliary account. This is intended to provide a safeguard for these funds, particularly since some organizations utilize the District’s taxpayer identification number to raise funds. Many organizations, however, have their own federal tax number, as non-profit organizations for example, and such a restriction would not appear to be necessary in such a case. Accordingly, an appropriate modification of the regulation was proposed.
Although revisions to regulations do not normally require Board approval, this item was brought forward for review and comment based upon previous Board member interest.
Dr. Balentine reported that advice had been provided to PTO’s regarding the monitoring of their checking accounts and funds in a safe way. In looking at District policy, specific direction is needed that is particular to those PTO’s that use the District I.D. number for their checking account or their fundraising since the District is ultimately called upon to respond to any misuse or mismanagement of these funds. These procedures had been incorporated into the policy. PTO’s that are not using the District tax I.D. number had been advised of the importance of using the same procedures as well.
Mrs. Schuh: Updated school site plans related to 301 monies.
Dr. Smith: Report on
present screening process for future employment in the District; suggestions
from the Superintendent on how those might be looked at from a District
perspective.
Audience member Rhonda Ball addressed the Board regarding improved communication in the District, the negotiations process and the phase-out program.
A motion was made by Ms. Young Wright, seconded by Mr. Prout
and passed unanimously, that the meeting be adjourned. The time was 10:13 p.m.