Roll call vote taken: Name YES NO Abstain Absent Mike Rigney, Chair. X Evelyn Thoren, Vice-Chair X Al Thomas, Member

Transcription

1 Chelmsford School Committee Executive Session Minutes Form Date: November 13, 2014 Time 7:00 pm Executive Session 1 of 1 on this date. Meeting Place: Conference Room 1, School Adm. Offices 230 North Road, Chelmsford, MA. Present: M. Rigney, E. Thoren, A. Thomas, N. DeSilvio, B.Skaar Also present: Superintendent Frank Tiano, PhD., Ann Marie Fiore, Linda Hirsch, PhD., Ken Storlazzi Meeting called to order 7:01 pm by Chair M, Rigney, who stated there was a need to go into Executive Session for the purpose of discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The School Committee would reconvene in public session after the Executive Session. Motion to adjourn to executive session for purpose of discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual by A. Thomas, seconded: E.Thoren. Roll call vote taken: Name YES NO Abstain Absent Evelyn Thoren, Vice-Chair Discussion/Votes: Other than to enter and adjourn, no votes were taken during this meeting. E. Thoren reported on action possible with respect to Superintendent Tiano's contract of employment. Remediation is not appropriate action. It was agreed that the SC would seek an opinion from legal counsel regarding the legal definition of "just cause". Further examination of violated policies. Legal counsel will also look into the cost of an investigation to determine just cause.

2 At 7:32pm, E.Thoren moved and N. DeSilvio seconded, to adjourn executive session to return to open session. A roll call vote was taken at 7:50 pm. Naame YES NO Abstain Absent Evelyn Thoren, Vice-Chair Meeting adjourned. Respectfully submitted,

3 Chelmsford School Committee Executive Session Minutes Form Date: February 2, 2014 Time 6:00 pm Executive Session 1 of 1 on this date. Meeting Place: Conference Room 1, School Adm. Offices 230 North Road, Chelmsford, MA. Present: M. Rigney, E. Thoren, A. Thomas, N. DeSilvio, B.Skaar Also present: Andrew Waugh, legal counsel Meeting called to order 7:01 pm by Chair M, Rigney, who stated there was a need to go into Executive Session for the purpose of discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The School Committee would not reconvene in public session after the Executive Session. Motion to adjourn to executive session for purpose of discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual by A. Thomas, seconded: E.Thoren. Roll call vote taken: Name YES NO Abstain Absent Evelyn Thoren, Vice-Chair Discussion/Votes: Other than to enter and adjourn, no votes were taken during this meeting. Discussion regarding investigation required to terminate superintendent's contract of employment. The cost of the investigation would be high. Would require review of all s, minutes of all meetings, interpretation of policies, interviews with personnel. It was agreed that the cost would add up very quickly and could not be capped. It was agreed that the SC, through legal counsel, would begin the process to request the superintendent's resignation with the goal to end his contract at the end of this school year.

4 At 7:51pm, E.Thoren moved and N. DeSilvio seconded, to adjourn executive session to return to open session. A roll call vote was taken at 7:50 pm. Naame YES NO Abstain Absent Evelyn Thoren, Vice-Chair Meeting adjourned. Respectfully submitted,

5 Chelmsford School Committee Executive Session Minutes Form Date: March 9, 2015 Time 6:02 pm Executive Session 1 of 1 on this date. Meeting Place: Conference Room 1, School Adm. Offices 230 North Road, Chelmsford, MA. Present: M. Rigney, E. Thoren, A. Thomas, N. DeSilvio, B.Skaar Also present: Andrew Waugh, Esq. - SC legal counsel, Superintendent Frank Tiano, PhD., Mike Long, Esq,- superintendent's legal counsel Meeting called to order 6:02 pm by Chair M, Rigney, who stated there was a need to go into Executive Session for the purpose of discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The School Committee would not reconvene in public session after the Executive Session.. Motion to adjourn to executive session for purpose of discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual by E. Thoren, seconded: N. DeSilvio. Roll call vote taken: Name YES NO Abstain Absent Evelyn Thoren, Vice-Chair Discussion/Votes: Other than to enter and adjourn, no votes were taken during this meeting. Dr. Tiano followed by stating the effects on him as a superintendent, and a person. Kathy McWilliams inherited Bob Cruickshank s system line item changes were not reported, and no warrants. Kathy did good things, she appeared to be able to control similarly, gained trust, did not have significant issues in audits. Second July warrant had over 50% FY14 bills which passed SC and Town Acct because no one was looking for it. The Powers & Sullivan audit describes this and suggests responsibility. I provided s, minutes, timelines, spreadsheets, including comparison of numbers presented to SC to numbers in MUNIS. Large swings in lines were evident. First paragraph of Sullivan report also exonerates Superintendent. I brought Frank Antonelli into the situation, making drastic changes in budgeting process. I have worked with Bill Olsen at Westford who is a former business manager and MASS leader. My record in the district shows extent of commitment to district. You should consider my entire body of work in evaluating this singular incident. I expect criticism is such an incident, but when it gets personal or speculative it impacts my ability to do my job and the district s reputation as well as my own. Regardless of anonymous tips in newspaper, I want to share that we had financial issues, the

6 person responsible is no longer here, and we are looking to build an excellent system. School Committee members were allowed five minutes each to respond. E. Thoren spoke next, saying this is very difficult. I understand the body of work, but we only know what we ve been given. A lot of disturbing stuff was revealed in s. I am also concerned that policies were not followed. I m concerned about management of central administration Anne-Marie Fiore overspent and you didn t flinch. She discussed the many s she obtained by Public Records Request disclosing Superintendent Tiano'sknowledge of the budget deficit in May of 2014 and his failure to inform the entire SC. If we were to pursue an investigation, that might cover a lot of ground and that information might harm your career. I still care about your career after this is resolved. N. DeSilvio followed, asking at what point in time do you stop digging? If the MASBO report is ok is that the end? Is there another investigation after that? We don t want to tarnish the reputation of anyone. The objective of this team is to determine if there is a problem. We as a team need to determine when there s enough searching done. Different individuals may evaluate same acts differently. Unless there s a clear violation, then it s not a violation. At this point in time, I haven t found information that leads me to believe that Dr. Tiano is a detriment to the school district. I was one who hired you and to this point, it s the right decision. If I thought you colluded to hide information, I d be the first to run you out of town. Fundamentally, this district is much better today than it was eight months ago. B. Skaar questioned N. DeSilvio's review of the available materials disclosing the superintendent's knowledge of the deficit in the spring and his failure to report it to the entire SC. There were many transfers that we didn t vote on. N. DeSilvio said that was Standard Operating Procedure. Further stated her position that she lost faith in the superintendent's ability to lead the school system. She believes Dr. Tiano needs to go because morale is the lowest it s ever been. The CTF "no confidence" vote must be considered. B. Skaar continued that other town employees warned about the fiscal issues, but he didn t listen. She said to Dr. Tiano, we supported you, but you didn t support us. At the very least we need to go forward with investigation, you are owed that, but I do not see how either party can succeed going forward without change. A. Thomas then spoke, saying to Dr. Tiano, You have been excellent in many areas. Your commitment is excellent. I find this hard, I consider you a friend, but I m going to share some things because it would be unfair not to. Lack of confidence is real it s not a few wackos. Little old ladies, all kinds of people, I ve never seen anger like that at Fall Town Meeting. Perception is real and it matters. There were many issues that you were unaware of and I would acknowledge that, but the perception is real too. SPED money at TM was a major blow and demonstration of where we are with respect to how we re perceived within the town. On the matter of the three laid off administrators, the choice of Val Diggs couldn t have been any worse. Just the other two wouldn t have had similar effect. There is still considerable discontent with custodians, and with Kelly Services too. Not all your fault, but part of a picture that has community on edge. Again, the Holt incident, you couldn t have seen it coming. Consciously or not, at least two members of the team had too much authority delegated - Kathy McWilliams and Anne-Marie Fiore. Many are not your direct control, but as Superintendent it all lands in your plate. If I thought you could do something between now and TM, I d be thrilled but I think the challenge is too big.

7 M. Rigney remarked that there may come a time in a relationship that divorce is the only solution and we have reached that point. It can be done well or done badly; I want to do it well. He emphasized that an investigation would be public. Attorney M. Long spoke. He asked, acknowledging the limitations we face, why do you need to do investigation in public? M. Rigney and Attorney A. Waugh pointed out that 3 bids would be required to satisfy the public bidding law, at a minimum choosing between multiple bids would require a public vote. They also touched on the need for discussion of contract extension before June 30 th. Attorney Waugh and Attorney Long agreed to discuss the next step within a few days. Attorney Long and Superintendent Tiano exited the meeting. At 7:15pm, N. DeSilviomoved ande.thoren seconded, to adjourn Executive Session A roll call vote was taken at 7:15 pm. Naame YES NO Abstain Absent Evelyn Thoren, Vice-Chair Meeting adjourned. Respectfully submitted,

8 Chelmsford School Committee Executive Session Minutes Form Date: March 17, 2015 Time 6:02 pm Executive Session 1 of 1 on this date. Meeting Place: Student Services Conference Room, School Adm. Offices 230 North Road, Chelmsford, MA. Present: M. Rigney, E. Thoren, A. Thomas, N. DeSilvio, B.Skaar Also present: Andrew Waugh, Esq. - SC legal counsel Superintendent Frank Tiano, PhD., Mike Long, Esq,- superintendent's legal counsel were in another location in School Adm. Offices 230 North Road, Chelmsford, MA. Meeting called to order 6:02 pm by Chair M, Rigney, who stated there was a need to go into Executive Session for the purpose of discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The School Committee would not reconvene in public session after the Executive Session.. Motion to adjourn to executive session for purpose of discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual by E. Thoren, seconded: N. DeSilvio. Roll call vote taken: Name YES NO Abstain Absent Evelyn Thoren, Vice-Chair Discussion/Votes: Other than to enter and adjourn, no votes were taken during this meeting. Attorney Waugh reported that he spoke with Attorney Long on March 13, Superintendent Tiano's first round resignation offer - 12 months's salary with an exit date June 30, M. Rigney compared this with the Business Manager's agreement (two months's salary w/ safety net). SC countered with same offer. Counter by Tiano of 9 months with 6 guaranteed. Motion by B. Skaar to terminate F. Tiano's contract. Motion failed for lack of a second. SC counter - 3 months's salary (2 guaranteed) Tiano- Counter 7 months's salary with 2 month safety net Discussion concerning safety net. N, DeSilvio expressed doubt that Tiano would ever accept an

9 offer other than a position as a superintendent or interim superintendent. He felt Tiano won't have any trouble finding such a position and the safety net would never be an issue. E. Thoren raised concerns regarding other positions Tiano might accept and that those should be considered. N. DeSilvio reiterated that Tiano would not take any other position. B. Skaar opposed any safety net language, made motion to terminate Tiano's contract. Motion failed for lack of a second. E. Thoren brought up administrative leave. It was agreed that administrative leave with pay was not a possibility and that administrative leave without pay would no be accepted by the majority of the SC. M. Rigney brought up the costs of litigation if settlement wasn't reached. It was agreed that the potential risks outweighed the costs of settlement. SC counter- 3 months's salary, with a 3 month safety net. At this point it was agreed to adjourn so Superintendent could discuss the offer with his wife. At 7:10pm, (motion by E. Thoren, seconded by N. DeSilvio), to adjourn Executive Session and reconvene March 24, 2015 at 7pm. A roll call vote was taken at 7:50 pm. Naame YES NO Abstain Absent Evelyn Thoren, Vice-Chair Respectfully submitted,

10 Chelmsford School Committee Executive Session Minutes Form Date: March 24, 2015 Time 7:01 pm Executive Session 1 of 1 on this date. Meeting Place: Student Services Conference Room, School Adm. Offices 230 North Road, Chelmsford, MA. Present: M. Rigney, E. Thoren, A. Thomas, N. DeSilvio, B.Skaar Also present: Andrew Waugh, Esq. - SC legal counsel Superintendent Frank Tiano, PhD., Mike Long, Esq,- superintendent's legal counsel were in another location in School Adm. Offices 230 North Road, Chelmsford, MA. Meeting called to order 7:01 pm by Chair M, Rigney, who stated there was a need to go into Executive Session for the purpose of discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The School Committee would not reconvene in public session after the Executive Session.. Motion to adjourn to executive session for purpose of discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual by E. Thoren, seconded: N. DeSilvio. Roll call vote taken: Name YES NO Abstain Absent Evelyn Thoren, Vice-Chair Discussion/Votes: Other than to enter and adjourn, no votes were taken during this meeting. The School Committee members and their attorney moved to the office space adjacent to the Director of Student Services office There was discussion of a 4-3 proposal communicated to Andy Waugh by Mike Long. This proposal would provide 4 months of salary payments to Dr. Tiano, with an eligibility for another 3 months if he had not found employment as a Superintendent at that time. The eligibility would be terminated upon his employment as a Superintendent. There was also discussion of how non-disclosure agreements would work in light of public records requirements. The SC instructed Andy Waugh to make a counter proposal to Mike Long with 3 months of guaranteed salary payments, with eligibility for another 4. During the wait for a response, there was additional

11 discussion about other benefits such as vacation and sick days. N. DeSilvio suggested that accrual of benefits should stop on the date of separation. M. Rigney suggested that payouts should be on regular schedule instead of lump sum as cutting off benefits would be easier than trying to recoup previously disbursed funds. The response from Dr. Tiano was an agreement on the 3-4 proposal with a clause that would immediately vest the remaining 4 months eligibility if any member of the School Committee disclosed details of the separation agreement, subject to review by the Director of Public Records. The safety net would not apply if Dr. Tiano were to be employed as a superintendent or interim superintendent. No accrual of benefits would continue. A joint statement on the agreement would be drafted by Mike Long and Mike Rigney would write a mutually agreeable letter of reference and any calls pertaining to his employment by another district would be referred to Mike Rigney. At this time, there was a general agreement amongst the School Committee that the broad outlines of the settlement were in place and details would be worked out by attorneys. At 7:55pm, (motion by E. Thoren, seconded by N. DeSilvio), to adjourn Executive Session. A roll call vote was taken at 7:55 pm. Naame YES NO Abstain Absent Evelyn Thoren, Vice-Chair Respectfully submitted,

12 Chelmsford School Committee Executive Session Minutes Form Date: March 31, 2015 (rescheduled from 3/24/15) Time 6:00 pm Executive Session 1 of 1 on this date. Meeting Place: Student Services Conference Room, School Adm. Offices 230 North Road, Chelmsford, MA. Present: M. Rigney, E. Thoren, A. Thomas, B.Skaar (N. DeSilvio, was absent) Superintendent Frank Tiano, PhD was in another location in School Adm. Offices 230 North Road, Chelmsford, MA. Meeting called to order 6:01 pm by Chair M, Rigney, who stated there was a need to go into Executive Session for the purpose of discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The School Committee would reconvene in public session after the Executive Session.. Motion to adjourn to executive session for purpose of discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual by E. Thoren, seconded: N. DeSilvio. Roll call vote taken: Name YES NO Abstain Absent Evelyn Thoren, Vice-Chair Discussion/Votes: Other than to enter and adjourn, no votes were taken during this meeting. Latest update given by M. Rigney. Tiano's latest offer - four months's salary/three months's safety net. Safety net vests if agreement is leaked. Accrued vacation and sick leave will be paid. SC response: Three months's salary/4 months's safety net. The condition of safety net vesting applies only if leak is by a SC member, since a Public Records Request could lead to exposure of agreement. Accrued vacation and sick leave will be paid in a lump sum on June 30, No accrual of benefits after June 30, 2015,payment would be as if still employed by CPS. Lengthy discussion concerning safety net language regarding specificity of superintendent /interim superintendent.

13 Final SC offer was accepted by Tiano. M. Rigney and F. Tiano prepared agreement for execution. Lengthy back and forth concerning language. Agreement signed by M. Rigney, A. Thomas and E. Thoren. B. Skaar declined to sign because of safety net. At 7:55pm, (motion by E. Thoren, seconded by A. Thomas), to adjourn Executive Session to enter into open meeting. A roll call vote was taken at 7:55 pm. Naame YES NO Abstain Absent Evelyn Thoren, Vice-Chair Respectfully submitted,