MORGAN HILL UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION MINUTES REGULAR MEETING September 04, 2018, 6:00 PM Closed Session 4:00pm

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1 Attendance Taken at 4:02 PM: Present: Gino Borgioli Teresa Murillo Mary Patterson Donna Ruebusch Ron Woolf Steve Betando, Superintendent Alexis Munson, Student Board Representative MORGAN HILL UNIFIED SCHOOL DISTRICT Absent: David Gerard Update Attendance: David Gerard was updated to present at 4:29 PM A. CALL TO ORDER President Patterson called Closed Session to order at 4:02 PM A.1. PUBLIC COMMENT ON CLOSED SESSION TOPICS A.2. ADJOURN TO CLOSED SESSION A.3. LIABILITY CLAIMS - Governmental Code Section A.4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section A.5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to subdivision (a) of Government Code A.5.a. Denise Reilly v. Morgan Hill Unified School District, Case No. 16CV A.5.b. A Voice for Choice Advocacy, Inc., v. Morgan Hill Unified School District, et.al, Case No. 17CV A.5.c. OAH Case No ; EL 18/ A.6. CONFERENCE WITH LABOR NEGOTIATOR (Government Code ) Morgan Hill Classified Employees Association (MHCEA) and Morgan Hill Federation of Teachers (MHFT), Designated representative: Fawn Myers / Morgan Hill Educational Leaders Association (MHELA), Unrepresented employees, Designated represent A.7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code ) A.7.a. Property: APNs & (80 West Central Ave.) Agency Negotiators: Steve Betando, Superintendent; Kirsten Perez, Assistant Superintendent; Phil Henderson, Orbach Huff Suarez & Henderson Negotiating Parties: Santa Clara County Valley Water District Under Negotiation: Price and terms of payment for temporary construction easement and potential purchase Page 1 of 7

2 A.8. PUBLIC EMPLOYEE-DISCIPLINE / DISMISSAL / RELEASE / REASSIGNMENT / COMPLAINT (Government Code and ) A.9. PUBLIC EMPLOYMENT / PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code 54957) Title: Superintendent A.10. RECONVENE TO PUBLIC SESSION B. CALL TO ORDER / PLEDGE OF ALLEGIANCE President Patterson called the meeting to order at 6:01 PM Jeremy Esch, Ann Sobrato High School Senior led the Pledge of Allegiance C. INTRODUCTION OF BOARD MEMBERS AND STAFF Board members and staff seated around the dais introduced themselves. Board Candidates Jill Provencal, Vanessa Sutter, Wendy Sullivan, Emma Nunez, Heather Orosco, Carol Gittens and John Horner seated in the audience introduced themselves. D. RECOGNITIONS / PRESENTATIONS E. ADOPTION OF AGENDA / APPROVAL OF CONSENT CALENDAR Motion Passed: as amended moving item I.3.b to General Business after item J.2 for further discussion, with a motion by David Gerard and a second by Gino Borgioli. F. APPROVAL OF MINUTES F.1. Approve the minutes from the Regular Board meeting of August 21, 2018 Motion Passed: with a motion by Ron Woolf and a second by Donna Ruebusch. G. PUBLIC COMMENT / COMMUNICATIONS The following individual addressed the Board: Brian Sullivan, thanked Trustees Borgioli and Gerard for their past support of Charter School of Morgan Hill. Mr. Sullivan addressed Trustee Borgioli, referring to comments Trustee Borgioli said about six individuals who spoke at the August 21 st board meeting was lies. Mr. Sullivan spoke about truth and having served on several boards, he believes that good governance requires Board Members to act with integrity and always speak the truth. Mr. Sullivan expressed he will not be supporting Trustee Borgioli for the Santa Clara County Board of Education and will further work to re-elect Ms. Claudia Rossi. Mr. Sullivan also addressed Trustee Gerard regarding statements Trustee Gerard made about individuals who he claimed bullied and mobbed him. Mr. Sullivan insisted he and other individuals spoke the truth about Trustee Gerard and that no apologies were ever made to individuals affected by Trustee Gerard s actions. Page 2 of 7

3 H. COMMUNICATIONS H.1. Closed Session Action Report (Government Code ) A.5.c OAH Case No ; EL 18/ Motion Passed: with a motion by Donna Ruebusch and a second by Ron Woolf. H.2. Report: Student Board Member Alexis Munson reported the following site activities: Sobrato club rush week where students recruit members to their clubs; Sobrato football game on Friday, September 7 th ; first quarter grades coming up in another week. H.3. Reports: Superintendent / Staff Superintendent Steve Betando spoke about all the exciting things happening at the Back to School Nights where parents tour and learn about the happenings of the school year, including many math presentations. The Superintendent attended the School Link Services Executive Steering Committee meeting, where they plan to expand services over the next five years. Our district, specifically Barrett Elementary was one of the first to pilot the School Link Services program and are looking to extend the grant to continue this program. The Superintendent had the opportunity to attend a lively Live Oak Football game. Superintendent Betando spoke about the New Teacher orientation program for year one teachers, as well as attended the SJPD Active Shooter training, where he went through the training scenario all school sites will go through. H.4. Reports: Board Members Trustee Gerard reported back regarding a conference he mentioned attending at the last Board Meeting, where he referenced three films (East of Salinas, G is for Guns and Selling Your Soul). Topics in these films include life experiences of an undocumented teen, active shooter situation, the role of cell phones and social media as well as bullying and mobbing. Trustee Gerard found these films relevant to our district and will send to the Superintendent for review. Trustee Ruebusch announced that Friday, September 7 th is the Live Oak High School Hall of Fame Induction, recognizing graduates and staff members of Live Oak High School at 6:30 pm. President Patterson spoke about the Back to School Nights she has attended which have been inspiring and energizing. President Patterson spoke proudly of our staff and everything we do in our schools, specifically our Food Services department who had ipads helping families sign up for our free and reduce lunch program. President Patterson also recognized community partners such as Cecelia s Closet, Discovery Counseling, Rebekah Children s Services and the Public Health Department, working together in our community. President Patterson thanks Dr. Zavala and all the Principals for the success of Back to School Nights. H.5. Reports: Employee Groups: Morgan Hill Classified Employee Association / Morgan Hill Federation of Teachers / Morgan Hill Educational Leaders Association Morgan Hill Classified Employees Association representative not present Page 3 of 7

4 Teresa Colbert, Morgan Hill Federation of Teachers Vice President acknowledged School Link Services and all the programs they bring to Barrett Elementary. Ms. Colbert thanked the District Office Staff and Teachers for a seamless opening of the school year. MHFT held their elections and will be announcing those new and returning members at their next meeting Thursday of this week. Ms. Colbert spoke about the complexity of negotiations and how important a settlement agreement is, explaining that teachers are getting anxious and she urges the team to work hard and get this settled. Patrick Buchser, Morgan Hill Educational Leadership Association President updated the Board on the start of the school year and getting off to a great start with all departments working together. Mr. Buchser spoke about the review of job descriptions and goal settings; Principals had their first TK-12 Leadership Meeting; each site is preparing their Extended Day Programs and sites are actively monitoring daily attendance. JAMM had their Williams Compliance visit today and was positively received. Training on Restorative Justice is being held at the County Office tomorrow; VAPA committee has met to expand opportunities and knowledge of VAPA standards. Mr. Buchser acknowledged Food Service for their amazing meals and Transportation for ensuring field trips are lined up. Mr. Buchser explained the Williams Audit to the Board in connection with credentialing, textbooks and facilities. H.6. Calendar: Upcoming events President Patterson read from the calendar of events. I. CONSENT ITEMS I.1. BUSINESS SERVICES I.1.a. Adopt Resolution to close Live Oak ASB bank account and open a new bank account with authorized signatories I.1.b. Adopt resolution naming authorized check signers for MHUSD bank accounts I.1.c Capital Facilities (Developer Fees) receipts and expenditures I.1.d. Approve Fiscal Year Budget Development Calendar I.1.e. Adopt resolution approving Gann Appropriation Limit I.2. EDUCATIONAL SERVICES I.2.a. Approve amendment to Board approved travel for 100 Sobrato High School Band Students I.2.b. Approve contracts for Special Education Services for in the amount of $1,890,044 I.2.c. Approve agreement and adopt Resolution for the Transition Partnership Program Cooperative Agreement I.3. HUMAN RESOURCES I.3.a. Approve personnel action to employ, re-employ, promote, reassign, accept resignation, accept retirement, and authorize related compensation Page 4 of 7

5 I.3.b. Approve Morgan Hill Unified School District 2018 Report of Governmental Accounting Standards Board (GASB) Statement No. 75, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions This items was removed from the Consent agenda to General Business for further discussion. Motion Passed: with a motion by David Gerard and a second by Gino Borgioli. I.4. SUPERINTENDENT J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION J.1. Equity Item: Adopt resolution proclaiming the Week of October 8-14, 2018 as the Week of the School Administrator Presented by Fawn Myers, Assistant Superintendent of Human Resources Motion Passed: with a motion by David Gerard and a second by Gino Borgioli. J.2. Charter Schools in the MHUSD boundaries: Unresolved Issues Presented by Steve Betando, Superintendent Board discussed unresolved issues for both Charter School of Morgan Hill and Voices. Specifically, the status of the Charter School of Morgan Hill MOU. Section 5 is an item needing finalization since the meeting with MHUSD and CSMH last May. CSMH requested to meet again in the fall after their new Board have been seated. Trustees Borgioli and Gerard discussed transportation to and from Charter School of Morgan Hill and the effect on ethnic and socio-economic disadvantaged families. Trustee Gerard spoke of moving forward and all parties working together to resolve this issue. Trustee Ruebusch spoke about choice of schools in our district and the district has put a concerted effort in coming up with an MOU with positive and ongoing change. Trustee Ruebusch believes in equity, parent choice and access for all children. A request from the Board was made to CSMH on how the lottery and application process work. President Patterson pointed out page 101 on the draft MOU has proposed language addressing Trustee Borgioli s comments. In addition, Trustee Patterson explained we have a duty to get a MHUSD representative appointed on the CSMH Board, which is also an unresolved item in the MOU. Trustee Borgioli spoke about Voices and the compliance of $125k amount listed in the unresolved issues. Trustee Borgioli discussed bringing the discrepancy of whether or not they are in compliance back to the Board for discussion. Trustee Ruebusch would like to know what the $125k was spent on and where the minutes for Voices Board meetings can be accessed. Superintendent Betando reminded the Board that we cannot compel Voices to present information to Page 5 of 7

6 us, but can ask that Santa Clara County Office of Education who is the oversight for Voices, provide information in these unresolved issues. The following individual addressed the Board: Frances Teso, Founder of Voices College-Bound Language Academy addressed the board with information in response to the unresolved issues documents specifically regarding the in lieu agreement made with the expectation that Voices would drop the lawsuit against the District for Prop 39 in, exchange for the District providing facility funds. Ms. Teso claims they have not used the funds provided by the District and are in discussions with parents from their community on the top priorities of facility needs and determining the cost of those needs. Ms. Teso addressed the issue of student cums. Ms. Teso does not believe they are in breach of this compliance and if the District does not believe Voices are in compliance, Ms. Teso would like to meet to discuss options on this compliance. President Patterson questioned the Prop 51 agreement which Kirsten Perez, Assistant Superintendent of Business Services explained the process and that the agreement will have to be revised based off the Prop 51 regulations. President Patterson requests an update on Prop 51 for Charter School of Morgan Hill as well. J.3. Approve Unaudited Actuals for the General Fund and Restricted Non-General Funds Presented by Victoria Knutson, Director Fiscal Services Motion Passed: with a motion by Donna Ruebusch and a second by Ron Woolf. J.4. Board Self-Evaluation Presented by Mary Patterson, Board of Education President Motion Passed: with a motion by Gino Borgioli and a second by Donna Ruebusch. No Ron Woolf J.5. New business: future agenda items / recognitions Board Trustees request the unresolved issues of Charter School Morgan Hill and Voices be discussed at the next Board meeting. Trustee Gerard would like to discuss and possibly vote on whether or not the use of the spray Round Up should be used on school properties. President Patterson would like a discussion on planning the New Board Orientation and the proposal for Physical Education credit for Band students. Page 6 of 7

7 K. PUPIL DISCIPLINE L. ADJOURNMENT The meeting was adjourned at 7:41 PM. Steve Betando, Superintendent September 18, 2018 Page 7 of 7