District No. 2, Yellowstone County
High School District No. 2, Yellowstone County
Billings, Montana
March 15, 2004
Call to Order
The Regular Meeting of the Board of Trustees of School District No. 2, Yellowstone County, Montana, and High School District, Yellowstone County, Montana, was duly held at The Lincoln Center, 415 North 30th Street, Billings, Montana, March 15, 2004, at 5:30 p.m.
Chair Katharin Kelker presided.
Roll Call
Members present included Katharin Kelker, Superintendent Rod Svee, Nilo Cabrera, Gene Jarussi, Mike Dimich, Karen Moses, Peter Gesuale, Conrad Stroebe, Judith Herzog, Debbie Richert, and Clerk Deborah Long.
Registered guests included Matt Erekson, Barb DiLulo, Marg Aukshun, Bryan Aukshun, Chuck Scheiwiller, Jim Hartung, Dennis Fenter, Rilla Hardgrove, Julia Mattson, and Tim Cranston.
Recognition
The Board recognized Margaret Aukshun, a math teacher at West High School, as the recipient of the 2004 RadioShack National Teacher Award. The West High Girls Swim team was also recognized as the first place team at state.
Communication from the Public
The Chair stated anyone wishing to address an item listed on the agenda, but not wanting to wait for the scheduled time, may do so now. The Board will take no action until the scheduled agenda time. One written comment form was given to the Board members. Matt Erekson informed the Board he had filed a lawsuit as his son was a member of the 2002 Senior High Football team but was not given the opportunity to play. The suit claims religious discrimination.
Approval of the Agenda
The Chair stated a request has been made to move the litigation discussion ahead of the legal report. Trustee Dimich made the following motion with a second by Trustee Herzog:
Approval of the agenda with the noted change.
Those voting in favor were Nilo Cabrera, Mike Dimich, Peter Gesuale, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, Debbie Richert and Conrad Stroebe. The motion passed.
Financial Reports – January 2004 and February 2004 (Incomplete)
Deborah Long presented the January 2004 Financial Reports as listed:
BD101Account Expenditure by Fund
BD102Account Receipts by Fund
BD103Monthly Cash Report
BD104Fiscal Year-to-Date Cash Report
BD105Statement of Estimated and Actual Revenue
BD106Incremental Decision Unit Cost Analysis
BD108Object Cost Analysis
CS993Elementary & High School Extracurricular Funds
The following Financial Reports for February 2004 (Incomplete) were also presented:
BD101Account Expenditure by Fund
BD102Account Receipts by Fund
BD103Monthly Cash Report
BD104Fiscal Year-to-Date Cash Report
BD105Statement of Estimated and Actual Revenue
BD106Incremental Decision Unit Cost Analysis
BD108Object Cost Analysis
Bills Paid – February 2004
Trustee Cabrera made the following motion with a second by Trustee Dimich:
Approve the bills paid for the month of February 2004.
Those voting in favor were Nilo Cabrera, Mike Dimich, Peter Gesuale, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, Debbie Richert and Conrad Stroebe. The motion passed. The warrants are as follows:
FundDescriptionFund Total
101Elem. General Fund$ 344,701.87
110Elem. Transportation 120,800.67
114Elem. Retirement 183.05
115Elem. Misc. Programs 163,736.25
117Elem. Adult Education 2,493.55
160Elem. Building 4,368.00
161Elem. Building Reserve 102,724.41
184Elem. Student ECA 18,523.47
185Elem. Misc. Trust 2,405.63
201H. S. General Fund 412,230.85
210H. S. Transportation 100,021.12
212H. S. Food Services 672,497.96
215H. S. Misc. Program 48,915.48
217H. S. Adult Education 10,909.66
218H. S. Traffic Education 1,329.07
229H. S. School Flexibility Fund 920.00
260H. S. Building 2,035.29
261H. S. Building Reserve 69,225.76
278H. S. Self Insurance Health 897,504.42
282H. S. Interlocal Agreement 133,518.40
284H. S. Extracurricular 93,208.86
285H. S. Misc. Trust 9,912.68
286H. S. Payroll 1,667,959.48
Grand Total $4,880,125.93
ACH Tax Deposits 1,357,093.50
Payroll Warrants & Direct Deposits 3,438,665.11
Total$9,675,884.54
Gifts and Donations
The following is a list of gifts and donations that have been presented to the School District in accordance with Board policy. Such items have been incorporated into the District’s inventory and an acknowledgment of the contribution has been made to the donor.
Boulder – Betty Stratton, Realty Associates, P.C., computer
Highland – Mr. & Mrs. Bruce Fain, crosswalk men
Mr. & Mrs. William Goodridge, recipient of ‘Class Cars’ cash coupons at Laurrel Ford
Terry Lee, donation to CARE fund
Wal-Mart, Teacher gift and gift card
Carol Hirschi, school supplies
Pam Arpin, school supplies
HOT 101.9, backpacks
Office Depot, gift card
Albertson’s, books
Pizza Hut, coupons
Mr. & Mrs. Tersch McCracken, donation to arts fund
Terry Lee and Drake Smith, kite assembly program and classroom books
Monetary donations to provide drama workshops by Missoula Children’s Theater:
Dru Cederberg
Nancy Dimich and Thierry Louvet
William Dimich
Judy Evans
Farm Bureau Financial Services
Cynthia Foster
Darci & Chris Hertz
Kim & Bill lambdin
Andrew & Paulette Laszlo
Legal Assistant Support Services, LLC
Little Caesar’s
Murphy, Kirkpatrick & Fain, PLLP
Pepsi-Cola Bottling Company
McKinley – Tom Tollefson and Jane Moses, printer and supplies
Ponderosa – ConocoPhillips Billings Refinery, money
Sandstone – Street Brothers Mortgage Corp., Bruce Posey, money
Career Center – Big Sky Airlines, airline ticket for Terry Trueman, visiting author
The Billings Sheraton Hotel, four nights lodging for Terry Trueman
PLUK, Dennis More, Director, money to bring in Terry Trueman
STEP, Sue Dow, Director, money to bring in Terry Trueman
Yellowstone Public Radio, money to bring in Terry Trueman
Adult Education – Advanced Forecasting Corporation, map of ‘Global Climate Hotspots’
Elementary and High School District – Wells Fargo Bank Montana, Patrice Elliott, money from the ‘Team Up For
Our Sports’ program
Hardee’s, discount cards for all employees
USDA APHIS Wildlife Services, laptop computer
Litigation Update, Strategy Discussion and Possible Action regarding Blades v. Billings School District No. 2 and James Kimmet
Mary Duncan, Felt, Martin, Frazier, Jacobs & Rapkoch, gave a brief review of the suit brought by Carol Blades in 1993. The District had completed the discoveries and its dispositions. The plaintiff’s attorney has served the District with a notice of disposition. Ms. Duncan stated the District needed to appoint a designee, who can bind the District. She requested the Board go into closed session to discuss litigation strategy as provided in MCA 2-3-203(4). Trustee Stroebe made the following motion with a second by Trustee Dimich:
Motion to go into closed session to discuss litigation strategy.
Those voting in favor were Nilo Cabrera, Mike Dimich, Peter Gesuale, Judith Herzog, Katharin Kelker, Debbie Richert, and Conrad Stroebe. Karem Moses opposed the motion. The motion carried. The closed session began at 6:00 p.m. with the meeting reconvening at 6:45 p.m.
Trustee Dimich made the following motion with a second by Trustee Herzog:
Motion to designate Rod Svee, Jeff Weldon and any other current administrator or employee as representatives for
the District for the purpose of complying with the rule 30(B)(6).
Those voting in favor were Nilo Cabrera, Mike Dimich, Peter Gesuale, Judith Herzog, Katharin Kelker, Karen Moses, Debbie Richert and Conrad Stroebe. The motion passed.
Trustee Herzog made the following motion with a second by Trustee Dimich:
Motion to authorize settlement of this case for $60,000 to be paid entirely by St. Paul Insurance for the dismissal
of the Carol Blades case against School District #2 and James Kimmet in its entirety with no admission of liability.
Those voting in favor of the motion were Nilo Cabrera, Mike Dimich, Peter Gesuale, Judith Herzog, Katharin Kelker, Karen Moses, Debbie Richert and Conrad Stroebe. The motion passed.
Monthly Legal Report
Jeff Weldon reported there were no changes except the Blades matter. The MPEA has withdrawn their unfair hiring practice grievance. Mr. Weldon reviewed the Roos v. Kircher Public School Board of Trustees case.
Superintendent’s Report
Mr. Svee reported he and the Chair met with Exxon officials to discuss the phase in of taxes for their construction. The County Commissioners have approved the plan. The District would receive $800,000 for the first five years and the amount would increase each year for ten years. He will find out if the taxable value increases. He stated he needed to have the job descriptions for the Human Resource Director/Attorney and Business Manager/Clerk positions. A sample format for the agenda items was included in the agenda packet. Mr. Svee also reported an agreement has been worked out with the Yellowstone Treatment Center to house the special education classes from the Alternative School.
Trustee Stroebe stated the taxable value issue for Exxon might affect the high school district. Trustee Cabrera suggested the job descriptions be discussed at a later date also. He also asked if there are codes dictating the job description for the Clerk. Trustee Cabrera asked how to proceed when there is no clear definition between the two jobs. The wording has not changed from the current job descriptions, but has been separated into two separate job descriptions. The Clerk or Human Resources Director may delegate duties.
Jeff Weldon felt it would be better to have two separate job descriptions for the Human Resource Director/Attorney, as it would provide clarity. Trustee Stroebe suggested it would be appropriate to keep this issue on the agenda and discuss it through the policy decisions. Deborah Long felt the Clerk and Business Manager positions are tied together and difficult to separate. Ms. Long stated she would like to study it further and then respond to what is required by law. The Chair reported the issue would be reviewed at the next Board meeting.
The Chair reported Ramona Maddox was to attend the meeting for a discussion on a 20-year plan and gave the members information outlining the description of the planning committee with a charge for the committee and a timeline. It was suggested a subcommittee of School/Community Committee members review the applications for the planning committee. The committee will have a one-year task and a member of the City/County Planning Committee will sit on this committee.
Trustee Moses asked if there would be staff changes due to the Yellowstone Treatment Center agreement. Mr. Svee reported it is not his understanding and anticipated no changes.
The Superintendent also reported there are two houses owned by the District behind Washington School that have been declared surplus property. There is currently one bid for demolition and it was not known if another bid would be received.
Trustee Gesuale recommended a line for the proposed agenda format include a policy reference.
Policy Review and Revision – Series 1000 Concerning the Board of Trustees Third Reading and Action
The 1000 Series was presented with the corrections as requested by the Board. Trustee Cabrera raised two issues: Board approval of warrants and Trustees’ school visitations.
The Board reviewed the list of policies within 1000 that are ready for approval. Trustee Dimich made the following motion with a second by Trustee Gesuale:
Motion to approve Policy 1000, 1111, 1112 and 1120 on third reading.
Those voting in favor were Nilo Cabrera, Mike Dimich, Peter Gesuale, Judith Herzog, Katharin Kelker, Karen Moses, Debbie Richert and Conrad Stroebe. The motion passed.
Trustee Moses offered an amendment to 1130 for the units to appoint a member to the committees. Trustee Gesuale asked for ‘non’voting’ be included in the statement for the Audit committee as the liaison is not a voting member. The Superintendent felt it should be clarified as to who does the appointing for the union groups. Chuck Schweiller addressed the Board and requested a change to 1130 to separate the times of the committees as he, and other members of the community, cannot attend all three meetings, as they are currently at the same time.
Trustee Moses made the following motion with a second by Trustee Gesuale:
Motion to amend Policy 1130P as stated in Amendment No. 1130P-1.
Those voting in favor were Nilo Cabrera, Mike Dimich, Peter Gesuale, Judith Herzog, Katharin Kelker, Karen Moses, Debbie Richert, and Conrad Stroebe. The motion passed.
Trustee Moses made the following motion with a second by Trustee Gesuale:
Motion to add the School/Community Committee to the sentence in 1130P on page 161, with the exception of
a non-voting member of the committee.
Trustee Cabrera felt the liaison for the Education Committee be a voting member of the committee. Trustee Richert stated the liaison for School/Community is also a voting member. Trustee Moses changed her motion to the first sentence only, with agreement from Trustee Gesuale. Those voting in favor were Nilo Cabrera, Mike Dimich, Peter Gesuale, Judith Herzog, Katharin Kelker, Karen Moses, Debbie Richert, and Conrad Stroebe. The motion passed.
Trustee Gesuale made the following motion with a second by Trustee Stroebe:
Motion for the language to read ‘That the liaison is a non-voting member of the committee’.
Those voting in favor were Mike Dimich, Peter Gesuale, Judith Herzog, Katharin Kelker, Karen Moses, Debbie Richert, and Conrad Stroebe. Nilo Cabrera opposed the motion. The motion carried.
Trustee Moses made the following motion with a second by Trustee Richert:
To add ‘will be recommended by Board members, employee groups or staff in consultation with the committee chair and approved by the Board’.
Those voting in favor were Nilo Cabrera, Mike Dimich, Peter Gesuale, Judith Herzog, Katharin Kelker, Karen Moses, Debbie Richert, and Conrad Stroebe. The motion passed. Trustee Stroebe made the following motion with a second by Trustee Gesuale:
Motion to approve the amended Policy 1130 and 1130P.
Trustee Stroebe made the following motion with a second by Trustee Gesuale:
Motion to approve the rest of the policies.
Chuck Schweiller felt public input would be disregarded in Policy 1310. It is hard for people to attend two committees at the same time. The public needs to be able to easily track the policy revisions as it travels to the Board from the committees. Mr. Schweiller voiced his concern on 1401 and the fees charged for copying and staff time and hoped the Board would take into consideration it may be a hardship. Jeff Weldon reported it is required by statute. The public might be able to access the necessary information online. Mr. Schweiller also addressed Policy 1441. He felt it was not clear whether the public would be able to address the Board during the meeting. The Chair reported it references the statute and Mr. Weldon has addressed it in an amendment.
Trustees Stroebe and Dimich addressed Policy 1230. It was a concern that Board approval is needed before warrants are paid. Trustee Stroebe stated warrants are sent out to the Trustees for review each week. There are two check signers and the warrants are reviewed. He felt the process being used at the present time is legitimate. Trustee Cabrera suggested the word ‘approved’ be changed to ‘reviewed’. Trustee Gesuale made the following motion with a second by Trustee Herzog:
Motions to add ‘countersign all warrants for expenditures that have been reviewed by the Board’.
Those voting in favor were Nilo Cabrera, Mike Dimich, Peter Gesuale, Judith Herzog, Katharin Kelker, Karen Moses, Debbie Richert, and Conrad Stroebe. The motion passed. Trustee Cabrera made the following motion with a second by Trustee Dimich:
Motion to amend the motion to pull Policy 1230 for a review by Bea.
Jeff Weldon felt this statement would follow the statute. The Superintendent read the statute. Those voting in favor were Mike Dimich, Judith Herzog and Nilo Cabrera. Those opposing were Katharin Kelker, Karen Moses, Debbie Richert, Conrad Stroebe and Peter Gesuale.
Trustee Gesuale made the following motion by Trustee Herzog:
Approve the amendment 1401-1.
Those voting in favor were Nilo Cabrera, Mike Dimich, Peter Gesuale, Judith Herzog, Katharin Kelker, Karen Moses, Debbie Richert and Conrad Stroebe. The motion passed.
Trustee Gesuale made the following motion with a second by Trustee Herzog:
Adopt amendment 1441-1 as proposed and add ‘before Board action’.
Those voting in favor were Nilo Cabrera, Mike Dimich, Peter Gesuale, Judith Herzog, Katharin Kelker, Karen Moses, Debbie Richert and Conrad Stroebe. The motion carried.
Trustee Stroebe felt it was important for the Trustees in the single member districts to visit the schools in their district.
A discussion followed on Policy 1400. Jeff Weldon explained Bea drafted the language of ‘small groups of trustees’ so that it would not preclude the Chair from attending meetings. Trustee Gesuale made the following motion with a second by Trustee Herzog:
Amend the language to Policy 1400 to read ‘Trustees or small groups of Trustees shall not engage in litigation strategy sessions or meet with contractual legal counsel outside of an official Board meeting except with the full Board’s knowledge.