MINUTES OF REGULAR PUBLIC MEETING OF GOVERNING BOARD
Place, Date and Time of Meeting
701 West Wetmore Road, February 13, 2001, 4:35 p.m.
Board Members Present
Dr. Kenneth Smith, President
Nancy Young Wright, Vice President/Clerk
Kent Barrabee, Member
Mike Prout, Member
Mary Schuh, Member
Central Administrators Present
Dr. Vicki M. Balentine, Superintendent
Dr. Katie M. Frey, Associate Superintendent
Dr. Richard Hooley, Associate Superintendent
Todd A. Jaeger, J.D., Associate to Superintendent and General Counsel
Call to Order and Signing of Visitors Register
Dr. Kenneth Smith called the meeting to order.
1. Motion to Recess Open Meeting and Hold an Executive Session
Dr. Smith announced that the Board would recess open meeting and hold an executive session
for:
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A. Consideration and determination of appeal of long-term suspension hearing officer's
decision, pursuant to A.R.S. § 15-843(A). B. Consideration and determination of appeal of long-term suspension hearing officer's decision, pursuant to A.R.S. § 15-843(A). C. Determination of whether to hold an expulsion hearing and designate a hearing officer to hear evidence, prepare a record and bring a recommendation to the board, pursuant to A.R.S. § 15-843(F)(2). D. Discussion and consultation with representatives of the governing board regarding negotiations with employee organizations regarding salaries, salary schedules, or compensation, pursuant to A.R.S. § 38-431.03(A)(5), regarding certificated employee negotiations for 2001-2002 contract year. | ,
| A. Approval of Minutes (Minutes removed for revision.)
B. Appointment of Personnel
C. Personnel Changes
D. Leave(s) of Absence
E. Separation(s) and Termination(s)
F. Requests for Early Retirement with Special Benefits
G. Approval of Human Resources Software An employee committee was formed, with representatives from Human Resources, Technology, Payroll and Records. Needs were identified for district personnel record-keeping and processing. Products were sought that can service a district of this size, providing software to meet our needs. Three companies submitted bids (rating given by committee in parenthesis): Spectrum's HRVantage, $59,000 (818); HR Microsystems' HRIS-Pro, $63,200 (780); Best Products' ABRA, $32,976 (938). Based on the bid specifications, reference checks of the companies and products, service available, review by Technology, determination of tried-and-true products that span many years, total cost for installing and using the new software, pilot testing on-site, and the committee's point ratings, it was recommended that Best Products' ABRA be selected as the new HR software. The Board approved this software.
H. Out-of-State Travel
I. Approval of Tucson Police Department Special Duty Program Agreement; Approval of Sole
Source Procurement for Police Services
J. Approval of Tobacco-Free Ways Grant for La Cima Middle School La Cima Middle School applied for and was awarded $390 for a Tobacco-Free tee-shirt design contest to be held during the fourth quarter. The overall purpose of the project is to encourage students to either quit tobacco usage or never start at all. Winning designs will be placed on shirts that will be worn throughout the year by Student Activism Team members as well as contest winners. As students wear this message on custom-designed shirts, student awareness and commitment will be increased. It was the recommendation of the administration that the Tobacco-Free Ways grant of $390 be approved and accepted. The Board voted to accept this recommendation.
K. Review and Approval of Grants
According to Board Policy DD, the Governing Board will review all grants procured by the District. The Board approved the following grants:
L. Consideration of and Decision Upon Proposals Submitted for Outside Legal Services On July 25, 2000, the Governing Board awarded contracts for the provision of legal services to all of the private law firms that responded to the RFP. Subsequent to this award, the Legal Department was notified that the Law Firm of Corey & Kime, P.C. did not receive notice of the bid solicitation from the Purchasing Department. Investigation since that time established that through clerical error the Purchasing Department did fail to send a notice of the solicitation to Corey & Kime. Corey & Kime filed an award protest citing the district's failure to notify them of the solicitation. On November 14, 2000, the Board approved a motion to allow the firm of Corey & Kime to submit a bid in response to the July 25, 2000 RFP. The specified basis for awarding a contract to one or more of the responding firms is set forth in the district's RFP. Board members had received a copy of the Corey & Kime proposal. Corey & Kime presently has a contract with the district for the provision of legal services pursuant to their response to a solicitation for bids issued by the district in 1997. Firms responding under the most recent solicitation were also issued contracts only for the current year, with options on the district's part to renew for each of four following years. No firm has an actual contract until a purchase order is used. Thus, Corey & Kime presently stands in the same position as firms recently awarded a contract under the 2000 solicitation for bids. The item was presented to the Board for a decision at the Board's discretion, consistent with the criteria set forth in the Request for Proposals. The Board approved this item.
M. Call for Bids – Outbuilding Cleanup at 200 Desert Sky Road Prior to resoliciting bids for sale of the Desert Sky Property, the administration believes it would be prudent to have any remaining soils that contain copper, arsenic, and lead removed from the outbuilding. The Board approved the recommendation of the administration to call for bids for this project.
N. Call for Bids – Parent Drop-off at Harelson Elementary School
O. Purchase of School Buses from Mohave Educational Services Current estimated delivery time for a school bus is approximately six to seven months; this long lead-time is the result of heavy nationwide demand for new school buses. If a call for bids is issued for these buses, it is unlikely they will be received in time for the start of the 2001-02 school year. Auto Safety House, the Arizona distributor for Blue Bird buses, is a Mohave vendor. If the Governing Board approves the use of Mohave for ordering the buses, an order can be placed February 14, making delivery of buses possible before the start of the school year. In case of late delivery, a contingency plan provides that buses in the reserve bus pool would be used in the interim. While this would severely limit buses available for emergency purposes, we could transport students to school. The buses can be acquired through a five-year lease purchase agreement; the annual cost for each bus is $23,643.56. The Transportation Department's capital budget can cover these expenses. All buses in the district's bus fleet are Blue Bird buses. The Board approved the administration's recommendation that buses required for the 2001-02 school year be obtained from Mohave Educational Services.
P. Acceptance of Gifts
Q. Approval of Vouchers
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4. Renaming of the Football Field at Amphitheater High School to Friedli Field
The Amphitheater High School Site Council requested that the Amphitheater High School Football
Field be renamed Friedli Field in Coach Vern Friedli's honor, given his outstanding coaching
and dedication to the AHS football program over the last 25 years. Dr. Balentine noted that,
following Governing Board Policy for the renaming of parks and facilities, the proper steps had
been taken. She introduced AHS Principal Ramon Paz. Mr. Paz and Jody Romano, active
participant in the school's football program, spoke on behalf of the students, staff and
community, in honor of Coach Friedli's and his wife Sharon's contributions and dedication.
Coach Friedli spoke in appreciation of his wife, his pride in the school's programs, staff and
students, and in appreciation of being a part of Amphi.
It was the recommendation of the administration that the Governing Board accept the recommendation by the Amphitheater High School Site Council to rename the Amphitheater High School football field to Friedli Field.
A motion was made by Ms. Young Wright, seconded by Dr. Barrabee and passed unanimously, to rename Amphi High Panther Stadium, to be named Friedli Field. AHS coaches were introduced and a brief recess taken to greet Coach Friedli.
5. Cancellation of May 22, 2001 Governing Board Meeting
The May 22, 2001, Governing Board meeting was scheduled for the same evening as graduation at a
district high school. It was felt that this May 22 meeting could be cancelled, with the
meetings of May 8 and June 12 providing sufficient time to conduct necessary business of the
district. Also, since many graduations are held at sites at this time of year, Board members'
schedules are very full. It was the recommendation of the administration that the May 22, 2001
Governing board meeting be cancelled.
A motion was made by Dr. Barrabee, seconded by Ms. Young Wright and passed unanimously, to cancel the May 22, 2001 Governing Board meeting.
6. Adoption of 2001-02 Calendars
Governing Board Policy ICA requires that the Governing Board adopt the school calendars no
later than February for the next year. The 2001-2002 calendars (traditional and modified
schedules) were presented. Both calendars follow the guidelines adopted by the Amphitheater
Governing Board on February 22, 2000.
New-teacher orientation days had been adjusted to allow the two orientations to overlap. New teachers on the modified calendar will report to work on July 26; their five-day pre-service days immediately precede the start of the modified school year. New teachers at traditional-calendar schools will report to work on July 31. They will work July 31 and August 1, and then return on August 6 for their remaining three days of pre-service; this will eliminate the need to repeat the district portions of new-teacher orientation and still allow all new teachers one full day in their schools before returning teachers report to work.
The calendar is a 176-day calendar and meets the extra-day requirement provided by Proposition 301. It does not include a "snow day" as past calendars have. If for any reason district schools need to be closed for a day, the end of the school year could be extended.
Dr. Balentine reported that the 2001-02 school-year calendars had been reviewed with members of the Amphitheater Education Association. The administration recommended approval.
A motion was made by Ms. Young Wright to approve the proposed calendars for 2001-02, which do not reflect any changes from current calendars. The motion was seconded by Mrs. Schuh and passed unanimously.
7. Requests for Proposals for Extended Learning and Child Care Programs
On January 23, 2001, the Governing Board discussed a Request for Proposals for Extended
Learning and Child Care Programs to provide supervised before- and after-school child
care/play/learning programs, preschool programs, intersession classes, and summer-school
classes. Revisions requested by the Board having been made, the revised RFP was presented for
further consideration and careful review, and additional input/additions if the Board so
desired.
Audience member Andy Morales addressed the Board, asking that the Board consider having the district conduct summer school/intersessions/drivers education; and speaking to various facets of the proposed RFP (Mr. Morales to submit comments in writing). Dr. Balentine clarified that the district is currently collecting rent from the provider, Community Extension Programs ($2,500 per month).
Mr. Prout spoke of the importance of having more scholastic content in the programs offered, with the focus on scholastic achievement.
In discussion of the need for provision of an adequate amount of liability insurance, Mr. Jaeger noted a typographical error in the materials: $1 million should read $3 million. Ms. Young Wright asked that staff research the amount of liability required and report back to the Board.
Mrs. Schuh said she would think we would follow our normal procurement procedures as we would for any other service, adhering to the very stringent procurement laws. Dr. Smith stated that if a committee is going to advise the Board, it would become a committee of the Board. Mr. Jaeger stated if its purpose is to advise the Board, that is one of Dr. Balentine's very reasons for suggesting that it be an administrative process, like any other procurement that is administrative in nature. He added that the district frequently uses committees for procurement, making recommendations through the administration; it is the Superintendent who makes that recommendation. If done in that way, the OML does not apply. Following further discussion, Dr. Smith asked Mr. Jaeger to provide the Board with a copy of the Attorney General's opinion related to this issue.
8. Approval of Exception to Board Policy HD, Waiving Appointment of Facilitator by
Amphitheater Education Association for Certificated Salary and Fringe Benefit Meet and Confer
Process
Board book information: Amphitheater Education Association, having indicated it has been
unsuccessful in locating an individual who could serve as the Association's appointed
facilitator in this year's meet and confer process for certificated employee salary and fringe
benefits, requested that the Board waive the current requirement in Policy HD that both the
Association and the District appoint facilitators. Amphi E.A. had indicated the district's
facilitator is satisfactory to the association. Waiver of this requirement had been approved
by the Board in the past. This waiver would be for the current meet and confer cycle only.
Dr. Balentine noted that the Board was being asked to formalize that functioning that had been occurring on the committee for approximately a month.
Mrs. Schuh moved the approval of exception to Board Policy HD. The motion was seconded by Ms. Young Wright and passed unanimously.
9. Approval of Revisions to District Regulation GCB-R Regarding Authorization to Sign
Employee Contracts
Dr. Balentine reported that subsequent to the last Board meeting, when there was an initial
review of revisions to District Regulation GCB-R regarding authorization to sign employee
contracts, a revision had been prepared specifying that the Governing Board will sign all
contracts for administrative personnel (Regulation GCB-R, renamed as GCB-RA), and specifying
that Board members' signatures may be affixed by pre-printing on the contracts for certificated
personnel (new Regulation GCB-RB). Mr. Jaeger was available to take suggestions. The
administration recommended approval, barring no major changes.
In discussion of stamp use, Mr. Jaeger stated that what was envisioned for the approximately 900 certificated contracts was to have Board members sign a pro-forma contract; the signature would then be imported graphically into the document and pre-printed onto the forms, rather than stamped. Board members would actually sign all administrators' contracts. Board members confirmed Dr. Balentine's understanding from the last Board meeting that they did not wish to sign the 900 individual teacher contracts. As a result of that discussion, the policy had been split into certificated personnel (teachers) and administrative personnel.
A motion was made by Ms. Young Wright to approve the revisions to District Regulation GCB-R regarding authorization to sign employee contracts. The motion was seconded by Mrs. Schuh.
There was further discussion of this item. Mr. Prout said he was opposed to the motion on the floor, stating that when someone signs something, whether by stamp or by computer affixing the signature or by pen and ink, the reader of that contract or any third person has the right to expect that the person who actually signed the contract is aware of what exactly is in that contract. He stated that everything you sign you should be aware of, and here we were asking Board members to not be aware of individual contracts. He would rather, with delegation of the Board's authority to sign it, have a trusted employee sign the contracts with that employee's signature. Dr. Barrabee stated that while he was sympathetic to the viewpoint of not representing what isn't true, one concern he had was how important is it to teachers to see the names of the school board members on their contracts – that if it really matters, then that should weigh into the Board's thinking.
Dr. Barrabee referred to Regulation GCB-RB, Authorization to Sign, the words "may be affixed," and stated that whether we want it to be affixed or we don't want it to be affixed, the words should represent what the Board wants.
Mr. Prout asked legal counsel if there had been a challenge to this sort of signature in the past. Mr. Jaeger replied that the Board exclusively has the authority to hire and fire. The function of signing contracts, however, is what is classified as administerial duty and can be delegated specifically.
The motion passed 3-2: Dr. Smith, Ms. Young Wright and Mrs. Schuh voted yes; Dr. Barrabee and Mr. Prout voted no.
Referring to Regulation GCB-RB, Authorization to Sign, "The Board Members' signatures may be affixed by pre-printing to the teacher contracts after approval by the Board," the administration was directed to change "may be affixed" to "will be affixed".
10. Approval of Revisions to Governing Board Policy DJE and Administrative Regulation
DJE-R Regarding Bidding/Purchasing Procedures and Emergency Purchases
Board book information: Governing Board Policy vests authority for purchasing, contracting,
competitive bidding and related matters with the Superintendent, requiring that the same be
conducted in accordance with Arizona school district procurement rules. Administrative
Regulation DJE-R describes in some detail the administrative procedures for bidding and
purchasing and includes the section Emergency Purchases. Provision for emergency purchases is
also found in the Arizona school district procurement rules in the Arizona Administrative
Code.
Revisions previously studied by the Board on December 12, 2000 would have required that the Governing Board President or Vice-President, in that order of preference, authorize an emergency procurement, rather than the Superintendent as currently provided. Reflecting further discussion by the Board, the revised language would leave the authority with the Superintendent but would mandate consultation with the Board leadership. Approval was recommended by the administration.
Dr. Balentine stated that this item had been previously reviewed. Suggestions from Board members had been included in the bidding procedures. Mr. Jaeger was available for other suggestions; or without major suggestions, the administration would recommend approval.
There was discussion of the Emergency Purchases section of DJE-R. Mr. Jaeger clarified that there is a provision in the Open Meetings Law that allows the Board to meet on an emergency basis with less than 24-hours notice. In discussion of the provision, "When possible, an emergency meeting of the Governing Board should be held to determine whether an emergency exists and to authorize an emergency purchase," Mr. Jaeger clarified that there is not a requirement to have a meeting of the Board. There is a requirement to attempt to obtain competitive prices. To every extent possible you follow the procurement provisions.
Mrs. Schuh referred to the vagueness and loophole nature of R7-2-1024, first paragraph. There was reference to the various headings that needed consideration by the Board.
A motion was made by Ms. Young Wright to continue the item. Mrs. Schuh asked if it was legal for Ms. Young Wright, for example, to make a draft motion for the Board to review and have it come out in Board packets. Mr. Jaeger suggested that if Ms. Young had a draft she would like to prepare, that that be placed in the Governing Board book materials, which are also required to be open to the public no less than 24 hours in advance of the meeting (which the district actually opens up much sooner than the 24 hours).
Mr. Prout spoke of what might be in store for the district if we do tighten things up and create future problems, stating that there is a fine line between overreacting and under-reacting. In further discussion, Ms. Young Wright spoke of the importance of the administration being able to act quickly in emergency situations. Dr. Barrabee spoke of the spirit of care expressed in the policy, that it contains flexibility to adapt to real situations, and questioned there are a few places where we need more of those types of provisions.
A motion was made by Mrs. Schuh, seconded by Ms. Young Wright, and passed unanimously to table the item to the next meeting.
11. Resolution of Support for Senate Bill 1161, Providing Authority for Municipalities to
Assess Impact Fees in Support of Public Schools
In recent weeks, the Governing Board had been studying the impact of growth upon the school
district. These studies have included review of Senate Bill 1161, which is presently pending
in the Arizona State Legislature. The Bill is a legislative response to the decision in
Homebuilders Association of Central Arizona vs. City of Apache Junction, an Arizona Court of
Appeals case decided last October, which held that municipalities presently lack constitutional
or statutory authority to assess impact fees for the benefit of schools.
As presently drafted, SB 1161 would authorize municipalities (but not require them) to assess impact fees upon residential developments. Fees so assessed would be conveyed to a school district for its use in the construction of schools, the purchase of land for schools, and the purchase of school vehicles. The bill sets limitations on the amount of fees that can be assessed, and also sets limitations on the nature of development which can be assessed, making specific exclusion for age-restricted communities. A resolution of support for the passage of SB 1161 had been drafted and was available for the Governing Board's discussion and adoption. Dr. Balentine noted that at the joint meeting with the Oro Valley Town Council there was discussion of a potential resolution. Mr. Jaeger read the resolution into the record (Exhibit 6).
Mrs. Schuh moved the support of the Amphitheater Governing Board of Amphitheater District No. 10 be so recorded and passed. Ms. Young Wright seconded the motion. Mr. Prout suggested two modifications. Following discussion, Mr. Prout withdrew his modifications and suggested that the resolution be passed as presented. The motion passed unanimously.
12. Revision of 1999-2000 Expenditure Budget
Dr. Balentine reported that an error was detected in the unrestricted capital portion of the
1999-2000 expenditure budget. According to ARS 15-915, the State has authorized us to make
this revision, resulting in a $657,014 increase in the Unrestricted Capital Outlay Fund, which
can be carried forward into the 2000-2001 Expenditure Budget. Per direction from the Arizona
Department of Education, the 2000-2001 budget will be revised in May and will reflect these
additional funds. It was the recommendation of the Administration that the Governing Board
approve the revision of the 1999-2000 Expenditure Budget as presented.
Ms. Young Wright moved to approve revision of the 1999-2000 expenditure budget as presented. Dr. Barrabee seconded the motion. There was discussion of the details. The motion passed unanimously.
Ms. Young Wright: Information regarding possible water contamination to wells, shown on USGA map.
Mr. Prout: Agenda information clarifying that there has not been Board action on any school uniform issue.
Dr. Smith apologized to Andy Morales for not calling on him to speak on item 9. Mr. Morales spoke regarding the signing of contracts.
A motion was made by Mrs. Schuh, seconded by Mr. Prout and passed unanimously, that the meeting be adjourned. The time was 9:12 p.m.