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CUSD Update, June 15 Following is a detailed report forwarded to the blog. These notes are very enlightening to those keeping an eye on the school district and its many contentious issues. Information about financing is particularly revealing. EXECUTIVE SUMMARY Suzette Lovely was appointed interim superintendent until an outside interim is hired [to serve 18-24 months] and then a permanent one is found. (See board briefs paragraph 1.) Sheila Benecke, board president, made a personal statement where she implied community members are jackasses. (See the entire statement at the end of this document.) ?There was a “First Reading” of five Board Policy revisions, all brought forward by new trustees: Real estate on Paseo de Colinas was sold for $5,274,675, and $2 million of the proceeds will be deposited into the general fund to help offset the deficit. We should call this the “sell your house to pay your electric bill but keep your vacation plans in place” plan. (See #36.) Teacher settlement agreement was approved at a cost of $24 million over 2 years. (See #37.) Classified settlement agreement was approved at a cost of $8.2 million over 2 years. (See #38.) Management settlement agreement was approved at a cost of $3.2 million over 2 years. (See #39.) An update on the Master Facilities Plan/Needs assessment was presented to the Board. Is CUSD finally putting together a plan for facilities after all these decades? Too bad the money is gone. They should have put the plan together before spending all the tax dollars on a $58-million district office (interest will be paid out of Mello Roos), SJHHS – $145 million and counting for 590 freshmen, including 155 transferred from around the district (and it will not alleviate the overcrowding at the other high schools as planned) and Arroyo Vista – $17 million to add 300 students to the campus with Measure A money. (RSM residents do not pay into Measure A.) (See #40.) The 07-08 Tentative Final Budget was presented and approved. CUSD is again deficit spending. In addition, the cuts increase class size, reduce custodial staff at the high schools, cut one assistant principal from each high school and middle school, cut one classified position from every school. What a bad idea – more students and fewer adults. (See #41.) The public has had enough and wants the four old-guard trustees to step down. (See Public Comments.) The old-guard trustees want the public to shut up and let them get back to the way they have always run the district. (See Benecke’s statement.) RULES OF A MEETING Again, a lot was learned as the new trustees gain confidence and force public discussion regarding the business of CUSD, as required by law (The Brown Act http://caag.state.ca.us/publications/2003_Main_BrownAct.pdf). The board agenda is divided into several categories; some need explaining: Closed session: discussion that can legally be held behind closed doors where trustees can discuss only the follow issues, according to law: All issues discussed in closed session must be posted to the agenda, and the board must report and action they took in closed session during open session Consent Calendar: these items are considered by the board to be routine and are enacted by the board in one motion. A board member, staff or the public can pull a consent item off the calendar for discussion. The item is then voted on as a separate vote. In the past, CUSD has listed multimillion dollar contracts and supplemental billings in excess of $100,000 as routine. The new trustees are changing that way of doing business. ?Discussion items: these are individual issues that are discussed and voted on separately. The public has a right to comment on these items as they are discussed. Oral Communications: the public is allowed to address the board on any issue that is not posted on the agenda during this time. The board is not allowed to take action on an item that is posted on the agenda. BEST COMMENTS OF THE NIGHT Sheila Benecke made an opening statement beginning with: “… The board BELIEVED that the contentious atmosphere in our district could be bridged with his [Dennis Smith’s] leadership. We believed that divisive elements in our community were prepared to focus on the future. We believed that we could start the process of rebuilding confidence in the district.” Benecke’s remarks concluded with: “… Any jackass can kick down a barn, but it takes a carpenter to build one.” When Sheila Benecke asked public speakers to be prepared near the microphones, she said, “… so we won't have to spend time waiting for people to slither down the row." The public found both comments insulting. BOARD BRIEFS Sheila Benecke opened the meeting by reading a statement in which she said, “Any jackass can kick down a barn, but it takes a carpenter to build one. I am asking all of you, everyone in this room, to strap on your tool belt and join us in building a positive climate in which to educate our children. Join me, put on your hard hat, pick up your hammer and nails, and help us build our school district.” Benecke has been on the board since 1992, Draper since 1988, Darnold was appointed in 2000 and Stiff was appointed in 2000, and they are just now thinking about building our school district???? It’s not easy to get people to work with you when you call them names first. Board President Sheila Benecke announced that the board appointed Anna Bryson, Ellen Addonizio and Sheila Benecke, with Marlene Draper as an alternate, to begin a new search for an interim superintendent. They anticipate that this person will be in place for 18 – 24 months. Another search for superintendent will take place. Suzette Lovely was appointed interim until the interim is hired. #7 pulled from consent calendar by Addonizio. She asked about certain purchase orders: #8E pulled from consent calendar by Addonizio. This section of the CUEA agreement asks the question, “Will this agreement create deficit financing in the current or subsequent years?” Hall explained that the agreement does not put the district in deficit spending, but when added to everything else such as lights, benefits, etc., the district is in a deficit --- AGAIN. #31 Revision of Conflict of Interest Policy. The district’s current policy meets requirements, but changes can be made to put CUSD at a higher level. Addonizio requested some changes be made to those that were in the board packet, and Benecke stated only the items in bold could be discussed (This is actually not correct, but Benecke seems to make up a lot of parliamentarian rules). Christensen requested changes to the wording to make CUSD’s policy more restrictive. Both trustees seemed to be attempting to tie up wording that caused perceived conflicts such as the CUSD construction manager who approves invoices submitted by the company his wife works for. Her job is to do the invoicing for the contractor. In addition, it seems to address the perceived conflict with board members whose adult child is the CEO of another CUSD contractor. Both situations involve millions of dollars in business to the contracting company. Christensen’s and Addonizio’s requested changes were presented to staff to incorporate into the policy when it is brought back for a second reading. #32 Revisions to Hiring and Placement of Relatives Policy. Trustee Addonizio stated she had submitted a template nepotism policy to district staff in March. The requested changes she had brought forward were not incorporated into the policy staff brought forward this evening. She will again provide them with a copy to incorporate into the CUSD policy for board discussion. Currently, relatives can work at the same site with the approval of the superintendent or designee. Both Addonizio and Christensen would like the policy tightened when it is brought back for a second reading. #33 Use of District Vehicles Policy. This is a new policy and will require: #34 Revision Purchasing Procedures. Only the board can approve purchases. The Deputy Superintendent of Business Services must sign on all purchases. Christensen requested that at least two people be required to sign for purchases. Hall stated CUSD actually requires three signatures to make purchases. [If this three-signature requirement is already in place, how do they explain the $296,820 expense for art, lamps and furniture in the new district office? Board members, the CFO and other high-level staff all stated Fleming made these purchases without their knowledge. In fact, CUSD tried to return $33,065 in purchases because the expense was so extravagant. Sorry for the commentary but it couldn’t be helped.] #35 Revision to Bid Policy. Christensen provided two pages of recommended language to Hall and asked that it be included for the next reading in an effort to save time. #36 The district opened sealed bids for the Colinas site. It was interesting to watch the proper handling of this process, something that hasn’t been done that anyone can recall. CUSD tried to sell this site a few months ago, but the bids did not meet the minimum. CUSD had the site reappraised and lowered the minimum price to $4.8 million. Four closed bids were opened and read. The highest bid was $5.1 million. An oral bid was taken from the audience from a company that was one of the closed bids. An oral bid must exceed the highest bid, less commissions, by 5 percent. Colinas was sold for $5,274,675. Shamefully, all of this money will not go to facilities as it should, but due to a special legislative act CUSD helped sponsor, some money can go to the general fund (They are one of only two districts that are allowed to deposit a percentage of money from land sales to the general fund). The amount that was originally paid for the land will go to the facility fund; $2 million will go to operating fund. [This is like selling your house to pay your light bill when you should cancel your European vacation.] Bryson stated this what the district must do it to bring CUSD to fiscal soundness. Draper and Benecke stated the property was useless. Interesting that someone paid $5.3 million for useless property. The big question is, What can the district do about the facility disaster since the dollars for that problem are being spent on the financial disaster? #37 CUEA contract (teachers). Four % 7/1/06 to 6/30/07 and 3% effective 7/1/07, cost of 2-year agreement $24 million. Passed 7/0. #38 CSEA contract (classified). Four % retro to 7/1/06 and 2% effective 7/1/07 and increased cost of H & W benefits for 06/07 and 07/08, cost of 2-year agreement is $8.2 million. Passed 7/0. #30 CUMA contract (management). Four % 7/1/06 to 6/30/07 and 3% effective 7/1/07, cost of 2-year agreement $3.2 million. Christensen and Addonizio stated that we have no superintendent, and he was working on what cuts could be made to fund this raise when he left. They felt CUSD should have a clear understanding of what our financial situation is and how we can pay for these raises before they are voted in. Addonizio asked that the item be brought back when dollars that could fund this raise were identified. Draper asked Hall if they had taken these items into consideration with the budget. He stated they had thought the district is again in deficit spending. Addonizio asked if there was a comparison as to how we ranked in the area. Lovely stated CUSD was not at the top but she would have to gather the information. Benecke responded we had brought our staff to compatible levels several years ago. Addonizio again asked if the item could be brought back with more information. Passed 5/2. #40 Districtwide Facilities Master Plan. This is a long-range, comprehensive plan. Hall recommends collaboration with parents, staff, and community. The needs assessment will be brought to the board in August, and the entire process will take approximately 6-8 months. The demographic study is being worked on now, and staff wants to run it by the superintendent prior to the board (so we will first need to work on getting a superintendent). Currently the district has to: #41 07/08 Tentative Budget. Proposed cuts (this is only a partial list). The proposed cuts total $10,7393,000, and revenue increases total $397,000 (including an increase in facility use fees). All the cuts and increase still leave CUSD with another year of deficit spending. This year’s budget deficit is $4.556 million. So, after years of deficit spending that we have been told for the past 8 months got us into this mess and $18 million in cuts over 2 years, we are still in deficit spending? In addition, our reserves are still at the legal minimum of 2 percent. 6/07 was balanced with one-time money including $2.3 million from the retiree benefits reserve. ?$440,000 reduction of superintendent’s office and cabinet (even after adding the cost of one in-house attorney—what were they doing with that much excess money??? And why didn’t they make this cut years ago?) ?$650,000 reduction in legal fees. (Yet the board approved a $500,000 PO for legal fees). (See#7 above) ?$300,000 reduction in travel ?$335,000 Elimination of College and Career Planning. (So, we get them through 12th grade and then don’t tell them what to do after that? Isn’t that the point of education? Moving students forward?) ?$25,000 Reduce substitute teacher costs. (Rumor has it this will be accomplished by eliminating all field trips on Monday and Friday) ?$1,000,000 Reduction in transportation. SJHHS will open and be staffed with custodial help, but no new custodians will be hired. The staffing for the new school will come from a reduction in all the districts high schools. Custodial needs will be determined based on square footage of the campus, and the number of students on the campus will not be part of the calculation. All middle and high schools will lose one Assistant Principal (AP) SJHHS will have 1 AP for 590 freshmen the other schools will have one less than they have in the 06/07 school year without consideration to the enrollment ?$100,000 Reduction in Resident Substitutes High schools will have one resident substitute teacher instead of two $2,085,000 teachers. Now you are asking how did the teachers get a raise and our enrollment is about the same yet we are reducing teacher cost by over $2 million? The answer is a creative way to increase class size. Currently, the negotiated class size in a high school is 34.5 students to teacher, an increase of 3 students per teacher since 1999. Middle school is 32.5 students per teacher, an increase of 2 students per teacher since 1999. Staffing is currently determined based on the number of students enrolled in a school. Under the new budget plan, the number of teachers per school will be based on average daily attendance (ADA). Schools with students who miss more school will lose more teachers than schools that have higher attendance. Bottom line: fewer teachers per students enrolled. This is much like overbooking an airline. If all the passengers show up, the airline offers compensation and a ticket on another flight. What will happen at the schools? A student shows up for English and that class has 100 percent of the students enrolled attend for the day, so the class is “overbooked.” Will the student get a voucher for PE? As an example, if the enrollment at Newhart is 1,800 students, currently there would be 1,800/32.5 or approximately 55 teachers. Under the new ADA staffing policy, there will be 1,800 x 96.84% (the last ADA percentage found) = 1,743/32.5 or approximately 53 teachers, a loss of two teachers. Class size will now rise to 34 students per class (1,800/53). The greater the absentee rate, the lower the ADA, the greater the class size. Draper questioned how the amounts listed as savings were determined and specifically asked about the $600,000 reduction in legal fees: the answer? They guessed. Addonizio questioned the savings in teacher salaries, classified support and administrative positions. Her questions lead the above analysis. She also asked that the staff bring detailed information to the next meeting clearly addressing how the cuts will impact each school site. Based on the lack of details regarding the impact to the site and the fact that the budget puts CUSD in deficit spending AGAIN, Addonizio voted no on the preliminary budget. Addonizio also questioned how students would get information that has been available to them through the College and Career Planning Center. Sherine Smith explained Academic Advisors and AP would have to take on more of this role (Wait – didn’t they just cut this staffing and now they have to take over for the career center?) She stated the sites have college search computer programs, and perhaps they can incorporate some of the functions into CECA (this is a 9th grade elective), she also stated that the ROP center can possibly help with test preparation. Draper wants to make sure the Principals and Guidance know they will need to step up on this and take over the college and career planning. Passed 6/1. PUBLIC COMMENT The boardroom was standing-room-only, which it has been for many of the meetings since the move to the new district office. The large crowds coincided with the enemy lists, raid by the District Attorney and the indictments. At least there is enough parking, though not enough seats. Sheila Benecke called for public comments at 8:30, as required by the board agenda. She stated there were 31 speakers and, in an effort to keep to the 20-minute time allotted to public comment, she was going to limit speakers to 2 minutes instead of the 3 minutes allowed. Draper moved that the board suspend their policy of limiting 20 minutes to public comments so all the speakers would be allowed to speak. Benecke asked public speakers to be prepared near the microphones, so "we won't have to spend time waiting for people to slither down the row.” Many in the audience didn’t like her choice of words. Nineteen people spoke about the controversies, including three in support of district officials. A number of residents demanded "Fleming-era" trustees resign. The theme of the many speakers was that that old guard trustees where out of touch with the will of the people, and they no longer have the trust of the constituency. One person summed up the sentiment well by telling the trustees, “You are the faction dividing our community.” Kitty Schmitt, a San Clemente mom, said she was proud of CUSD. She went on to speak about how great James Fleming was and how she always found him to be willing to listen. "The amount of negativity is being fueled by a tiny group of people, and it needs to stop," she said. At this, some district employees in the room waved their arms in support. She stated the indictment of Fleming and McGill is a terrible injustice. "This barn, if you will, is built on shifting sands," said Eva Crabbs. "The public seeks a barn built on the solid foundation of mutual respect and true transparency." There were several references made by the public speakers regarding Benecke’s jackass and slither comments. One speaker pointed out that you won’t stop divisiveness by insulting the public. Another speaker began with “I have slithered here from the 8th row” and ended with, “I will now slither back to my seat.” Still another speaker stated, “Questioning leadership makes us good parents.” Yet another speaker addressed Benecke’s quote, “Every decision we make ought to answer in the affirmative this question: Is this what is best for our students?” The speaker’s point was that the district office, a $145-million and climbing high school for 590 students, lying about how the district office was funded, not budgeting for teacher salaries, maintaining an enemies list, violating the Brown Act and spending CUSD funds down to a critical point were not about what is best for the students. Nine speakers addressed the board about the fact that a beloved and excellent Ladera Ranch teacher was let go by the principal. They all told about how successful their children were under the guidance of this teacher. They stated many reasons they believe the principal did not retain her, and none of the reasons they stated had to do with what was best for students. Two speakers, a brother and sister. thanked the board for approving the pilot social skills program at SCHS. ADDITIONAL NOTES Supporters of the old-guard trustees, Benecke, Draper, Darnold and Stiff, stated that this is just a few critics and a vocal minority. This is the same comment cited over and over by some district staff and the four old-guard trustees. However, the November 2007 election results clearly document the majority of the people are not in agreement with the Fleming era trustees. The mandate was clear: LARRY CHRISTENSEN, 36,348; 46.5% Following is Benecke’s Statement in entirety: Sadly, after several weeks with us, Dr. Smith concluded last week that he could not work successfully with such “protracted, high profile divisiveness in the community." CUSD is an outstanding, award winning school district whose stellar reputation is known statewide and nationwide. We have 11 National Blue Ribbon Schools, 42 California Distinguished Schools, an average SAT score of 1640. All 5 of our high schools are ranked in the top 800 high schools in the nation by Newsweek and the Washington Post. Our graduates matriculate to selective universities across this nation including the military academies, the ivy league schools, Stanford, the University of California, and more. We are blessed with talented teachers and school leaders and hard working support personnel who devote themselves to our students and their achievement. In the coming months, we will begin the superintendent search anew. We believe that our school district will weather the current storms and emerge stronger and more focused than ever, but we cannot do that without your help. It is incumbent on everyone in the Capistrano community to approach the next months in the spirit of common purpose. The daunting job that any superintendent faces today cannot be done without full community support. We owe it to the citizens of our community and for the sake of our children to work in collaboration to accomplish this goal. We all need to remember that what we do is for the children of our community. Every decision we make ought to answer in the affirmative this question: Is this what is best for our students? A friend emailed me words of encouragement this week, and shared with me her father’s favorite saying he used when reminding people that we need to pull together to get things done. It was, “Any jackass can kick down a barn, but it takes a carpenter to build one.” I am asking all of you, everyone in this room, to strap on your tool belt and join us in building a positive climate in which to educate our children. Join me, put on your hard hat, pick up your hammer and nails, and help us build our school district.” |
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