Special Meeting

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[400] Julienne Sumodobila: Yes, I can hear you. Thank you.

[473] Phuong Nguyen: Good evening and welcome to the February 23rd Newark Unified School District Board of Education special meeting. I call the meeting to order at 6.04 p.m. in regards to 1.1 meeting practices and information. We are holding in-person board meetings at our district boardroom and are following the state's and Alameda County's safety guidelines for public gathering. Please refrain from attending in-person meeting if you have COVID-related symptoms. If you are not able to attend the meeting in person, you may observe the meeting via the NUSD YouTube channel live stream transmission on Comcast channel 26. And we do have Spanish translation is available via Zoom. In regards to public comment, the public will have the opportunity to address the board regarding non-agendized matters and agendized items with a live audio-only comment via Zoom, with advance notice requested by email at publiccomment at newarkunified.org, a written comment by submitting a speaking card via email at publiccomment at newarkunified.org, or with live in-person comments by submitting a speaker card with the executive assistant. Thank you. And at this time, please stand for the Pledge of Allegiance. Please begin. I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. Ms. Gutierrez, roll call, please.

[575] SPEAKER_31: Member Zhang? Yes. Member Marquez? Present. Vice President Rundell?

[584] Terrence Grindall: Here.

[585] SPEAKER_31: President Zhang? Sorry, President Nguyen? Here. We have student member Resendiz-Ortiz absent and member Hill absent.

[595] Phuong Nguyen: Thank you. Item two, approval of the agendas. Are there any public comments on this item? May I have a motion for approval of the agenda, please?

[604] Bowen Zhang: I move to approve the agenda.

[606] Terrence Grindall: I'll second. I'll second.

[610] Phuong Nguyen: Motion made by Member Zhang, seconded by Member Grindel. How do you vote, Member Zhang?

[614] Bowen Zhang: Yes.

[616] Phuong Nguyen: Member Marquez? Yes. Member Grindel?

[621] Terrence Grindall: Yes.

[621] Phuong Nguyen: And myself as yes, as well. Four yeas. And on to closed session. We do have public comment on closed session items. Ms. Cindy Parks.

[646] Cindy Parks: Looks kind of barren up there. And actually, I'm kind of surprised that you're holding this meeting this evening because you don't have the full board. Normally, when it's an executive in the past, it's always been something that they've looked for is having a full board, but whatever. Why did you schedule a special board meeting eight days before the regularly scheduled meeting to only consider the contract for the chief business official, a contract that doesn't expire for over three months? It seems very shady. This contract is for $208,000 a year, a $17,234 or 9% increase over the initial contract amount of $190,766 in 2019. Why are you lessening the standard for what used to be called the master's doctoral stipend to include the California Association of School Business Officials, CASBO, certification rather than just the MBA? In the past two months, it has been reported in board meetings that $1.7 million in salaries needs to be reverted back to the general fund from the COVID revenues, and the temporary COVID hires will be receiving their March 15th layoff notices. Once the hold harmless is no longer in effect, the budget will lose ADA for 438 students in 22-23 and 101 students in 23-24. The budget projections show a $2.5 million deficit in each of the next two years with the reserve topping or dropping down to 10.5%. No pay increases have been calculated into the budget for any of the bargaining units, only step and column increases. Yet this contract provides the CBO with an annual 2% COLA. And the board may agree to provide the chief business official with additional increases in, which is what the contract should say, but it says at the board, or it says in, and it should say at the board's sole discretion. So I don't, somebody needs to read through your stuff before you post it. Shame on you for trying to sneak this vote past the public with this special meeting. I am thankful for those who are here and for those who are hopefully going to speak virtually. I have no doubt the outcome of this meeting will circulate through the staff and the community, even though this was scheduled in a very shady manner in my eyes. Thank you.

[795] Phuong Nguyen: Thank you, Ms. Parks. Our next speaker, Ms. Lori Eddings.

[805] SPEAKER_18: Good evening. Good evening. Dr. Triplett, cabinet, President Nguyen, and board members. I come today with a concern for the contract and salary you will be citing upon for the CBO. A 9% raise and a promise for a 2% COLA every year plus a stipend is excessive for a person who has been in our district for only three short years. NUSD is trying to cut expenses by closing schools and cutting staff. with the reason given of declining enrollment. I do not understand how we recently had money to give the superintendent a raise and a $30,000 bonus, and now they're asking for more money for another administrator. Will teachers and school staff get a raise this year? It seems that it would be equitable if all administrators and district office received the same percent raise as the teachers. Don't you think? Next, I want to point out that members on this board, some of you, made a nuclear decision to send teachers and students back into the classroom last spring in the middle of the pandemic. Tonight, you will be voting on a contract that states the CBO can work from home during the endemic. Sorry. If she's in favor of the superintendent, what message are you sending to our teachers? More importantly, what message are you sending to our community if you vote in favor of such a decision? How does this benefit our district with certain administration being able to work from home? Lastly, I question the reason of having a special session to vote on this contract. What is the rush? I know it was supposed to be voted on last board meeting. I understand that. But why couldn't you wait until the next scheduled meeting? It just doesn't seem very transparent. Thank you.

[934] Phuong Nguyen: Thank you, Ms. Heading. Our next speaker, Juleus Chapman. Good evening.

[946] SPEAKER_20: Good evening, board, everyone. I'm the lead teacher at Newark Memorial High School for special education. I am pretty concerned over a 9% raise that we're going to give to Chief Bridges' officer. Also, if we're going to give her or him a 9% raise, can we also give the teachers a 9% raise too? I feel that if we are all forced to not take a raise, which we're not looking to give teachers, we should not give one to anybody. An injury to one is an injury to all. At the high school, we have three special education vacancies. We need the 9% boost to be able to keep being competitive with other districts. New Haven, Fremont, Palo Alto, they have large gaps between where we are and where they are. we need to be able to staff our schools properly. With a 9% rate, we at least have a chance to be able to start to fill our schools. It's very difficult to work in a school that doesn't have enough staff. We're constantly working more than we should. Also, that's taken away from our students. So I want to make sure that we are working in the right direction. we're looking for quality teachers. We shouldn't be going to contracting people. Getting contract staff is not the same as having a person on our contract. So I look forward to working with everyone to figure out a nice compensation package for the 9% if we do decide to move forward with the 9% for the chief business officer. I don't understand if we're out of money or having a deficit, I don't understand why we're giving administrative braces when we need to be focusing on teachers and make sure we have enough teachers to go around. Thank you.

[1084] Phuong Nguyen: Thank you, Mr. Chapman. Our next speaker, Ms. Maria Huffer.

[1098] Maria Huffer: Good evening, good evening board members, superintendent and executive staff. CSCA Chapter 208 classified staff have been told year after year our district does not have the funds to increase staffing. Our members have struggled to maintain the same level of service with fewer staff and additional workload to support our students. The district recently notified CSCA that they were proposing additional staff layoffs in March due to the lack of a work or lack of funds. Unfortunately, here we are again. Speaking on behalf of our chapter members, we want you to know that we are frustrated and disappointed to hear about the CBO's new contract. This contract provides an automatic annual 2% cost of living raise in each of the three contract years. With the possibility of an additional pay increase, this new CBO salary will start at $208,000 a year. Mainly, sorry, excuse me. Many of our members are earning just above minimum wage and work part-time. Some members who are eligible for prorated medical benefits through the district earn just enough to pay for these medical benefits. As a member who formerly worked as a paraprofessional, aid for many years. I was one of these employees who worked for medical insurance, and I still did not earn enough to cover the cost. I paid out-of-pocket difference so I could provide the medical insurance for my family. How is that fair? We show up. Our members are hardworking, grossly underpaid, and working with a skeletal staff during this pandemic time. We continue to show up and push through so Newark Unified students and staff can come to clean schools, be served warm prepared food, have campus security on alert. Furthermore, we keep the school running by meeting staff needs with clerical support, providing one-on-one paraeducator support to students who need it most. keeping the libraries open and ensuring our school's maintenance needs are met by the maintenance, operation, and transportation staff. We show up. Our child care attendants continue to provide a safe place for students before school and after school. During district and CSE negotiations, the district stated a plea that due to low average daily attendance, the district is unable to allocate adequate pay increases to our members, even though the district currently sits on a 17% reserve balance, but wants to give the CBO a minimum and an automatic annual 2% salary increase. What's wrong with this picture? Where will this money come from? If we are being told that there is no money to begin with, will this increase be paid for classified staff layoffs? CSCA continues to be the hardworking support staff who is often overlooked by district administration and the school board. What more do you expect from us? If there truly is a lack of funds, is the board robbing from classified to pay for executive salary increases? CSCA is asking you to consider these difficult questions and vote no on this contract. This is not the time. We've heard explanations and excuses given to the community, staff, and student as to why our members can't be provided well-deserved raises. Thank you, Ms. Huffer. Can you please wrap it up? Sure. How can you justify this new contract for CBO? If you vote yes, We expect that the district will remember to include adequate salary increases for our members during negotiations after allocating funds to increase the pay of a district top executive. We show up and will remember. Thank you. Thank you so much.

[1324] Phuong Nguyen: Our next speaker, Ms. Kat Jones.

[1328] Kat Jones: I won't take my full three minutes, so we'll make up for hers. Good evening. Glad to be here, Superintendent, Board, and Cabinet. Thank you. My understanding after talking to a friend today is that tonight's special meeting is regarding the CBO's raise. I'm going to be really short about this. It's not just a one-time 2% raise that will repeat for three years. That is what you're asking for, but there is more to it than that. Additionally, the CBO would be benefiting financially from other duties that would be done on behalf of the district. So I have one very simple question. Why do you need, that I need clarification on. Why would you approve this raise of the CBO is supposed to be cutting two and a half million from the budget. So we're rewarding the person who is cutting the budget. That does not make sense to me. I have been treasurer for our union and I understand how books and finances and budgets work. That's not how they work. I also understand that teaching support and CSCA support will be decreased or not given raises that they justifiably deserve. So again, I'm going to ask the one simple question. Why would you approve a raise for someone who is supposed to be cutting the budget by 2.5%. million. Thank you.

[1423] Phuong Nguyen: Thank you, Ms. Jones. And our last speaker, Ms. Cheri Villa.

[1434] Chery Villa: Hello, Mr. Triplett, board members. Okay. To start off, I wanted to read or read some words from the December 6th board meeting and from a letter that was given to our district from the ACOE on September 14th. At the December 6th board meeting, this following statement was made regarding assumptions in the budget projections from the first interim report. There are no cost of living salary increases in the assumptions. From the letter, the September 14th letter from the ACOE, it gave our budget an approval on conditions what it reads is 1.4 million reduction in certificated and classified positions. So, as a member of our NTA negotiation team, I'm looking forward to our upcoming negotiations. It appears that a new budget balancing solution has been created that will allow for not only our CBO to receive a roughly 9% over three years raise in salary, but an ongoing yearly 2% cost of living raise. So again, as a member of NTA negotiations team, I'm looking forward to negotiating a comparable raise in salary and cost of living for our teachers, who more than anybody deserve this. Thank you.

[1521] Phuong Nguyen: Thank you, Ms. Villa. And we will be going into closed session. We're recessing for closed session. I'm sorry? Oh, yes, in closed session we will be discussing item 3.1, conference with labor negotiators, employee group, NEWMA, unrepresented supervisors, and contracted management chief business official. Thank you.

[2632] SPEAKER_31: Online public comment. Eric Tan, you may begin.

[2639] SPEAKER_36: Good evening, board. Tonight I am speaking in hopes that the board will reconsider the terms of this contract. To my understanding, the CBO is responsible for and owns the teams in the areas of finance, the MOT, and business office operations. In case the CBO doesn't directly own these teams, I would challenge that the whole executive leadership should be held accountable. In the area of financial control, The most recent audit found 436,000 of question costs from the unduplicated funding formula for KIPP accounts. Not only is NUSD at risk of losing the money, why was there a disconnect between our finance team, highlighting it in February, 2022, versus the auditor confirming knowledge of this in June, 2021? In addition, for the HVAC project, 542,000 was underreported in capital asset expenditures in December, 2021, and only fixed after a community member pointed it out. Second, the MOT has cost this district hundreds of thousands of dollars directly. First, the ionizers, where the staff claimed they are better than HEPA, costing continuous cash, totaling half a million dollars. There's the high school stairway example, where Ms. Delacruz told you in person in August that it was all wrapped up by the next week, but came back months later asking for a $200,000 change order. All of these examples were under her tenure as CPO. Third, I wanted to talk about the business operations supporting CPRA process. First, I want to acknowledge that the CPRA process has started moving again, from total silence to now acknowledgement and fulfillment of some of these requests. Even though there is movement, simple CPRA requests for invoices or purchase orders or a copy of a report takes many, many months. This demonstrates the lack of proper processes to support CPRA in a timely manner, and unfortunately puts NUSD at litigation exposure, which you already have lost the case this year. Finally, thank you Ms. Parks and all the teachers highlighting the 9% pay raise with 2% cost of living improvement. We're going to close schools and next agenda item plan to lay off staff, but we can give raises and bonuses to this executive team. Based on these clear examples of direct financial impact to NUSD's bottom line, I urge the board to please reconsider this contract, especially clause 6.2 termination without cause 10 month buyout Does this CPO and executive leadership confirmance this year pass warrant such a lucrative contract? Thank you.

[2782] Phuong Nguyen: Thank you, Mr. Tan. Okay, on to item 5.1, approval of the Chief Business Official Employment Agreement. Dr. Chiblett.

[2798] Mark Triplett: Thank you, President Nguyen, and good evening to the board and staff and public. We're really honored to bring this forth, this contract. Ms. Dela Cruz has been doing an outstanding job, and we really are appreciative of all her work, and we are very hopeful that she will be able to continue with us.

[2825] Phuong Nguyen: Thank you. Are there any comments or questions from our board? Member Zhang? Member Grindel?

[2834] Terrence Grindall: Yeah I'd like to clarify a few points that were made by public commenters. First of all I'd like to I'd like to thank the superintendent for the brief report and in my experience that our our our chief building business official is is excellent and we need to work we do what we can to retain her. The I do want to indicate that there was a lot of hyperbole being put out in the in the public commenting. This contract does not include a 9% increase. It includes a 2% cost of living increases. And it also includes a certification. Recognition of the certification is equivalent to a master's degree. In fact, a certification is more valuable, in my opinion, than sort of a random, So, the certification that is discussed in that contract is actually much more relevant, in my opinion, to the performance of the CBO. So, with that, I'm happy to make a motion when you're ready, Madam President.

[2912] Phuong Nguyen: I'm happy for you to make a motion.

[2914] Terrence Grindall: I'll move approval of the cheapest official employment agreement.

[2919] Bowen Zhang: I second it.

[2921] Phuong Nguyen: Motion made by Member Grindell, seconded by Member Zhang. Member Zhang, how do you vote?

[2925] Bowen Zhang: Yes.

[2926] Phuong Nguyen: Member Marquez? Yes. Member Grindell? Yes. And myself as yes as well. Four ayes. Member Hill, absent.

[2954] Mark Triplett: Can I just say congratulations, Ms. Delacruz. We are very excited for you to be continuing with us. And you just can't say enough about what an amazing job you do every day.

[2967] Phuong Nguyen: Yes, thank you, Ms. Delacruz, for all your hard work. I know that we still have a lot more work to do, but you have been diligent in putting our district back in track. So thank you for that.

[2981] Terrence Grindall: Indeed. this last year is just a warm up for all the things we're going to be doing going forward. So I know that I know you thrive on that. So thank you.

[2994] Marie dela Cruz: Thank you. I'm sorry. Go ahead.

[3000] SPEAKER_05: Oh, I apologize. I didn't mean to cut off. I wasn't sure if I was echoing or not. Ms.dela Cruz, I would like to share with you that I am very appreciative of your enthusiasm as well as your dedication to what you've demonstrated and your willingness to work the hours and to put Newark Unified first and foremost. So thank you for that, and I look forward to years of working with you.

[3021] Marie dela Cruz: Thank you, Member Marquez. Thank you. I look forward to working with all of you, and I appreciate the confidence that you've put on me, and I'll do my best.

[3037] Phuong Nguyen: Thank you again. So on to adjournment, make it a motion to adjourn.

[3041] Bowen Zhang: I move to adjourn the meeting.

[3044] Phuong Nguyen: I'll second. Motion made by Member Zhang, seconded by myself. How do you vote, Member Zhang?

[3050] Bowen Zhang: Yes.

[3051] Phuong Nguyen: Member Marquez?

[3053] Terrence Grindall: Yes.

[3054] Phuong Nguyen: Member Grindell? Yes. Myself is yes as well. So five, I mean, four ayes. Meeting adjourned at 6.47 PM.

1. CALL TO ORDER

Meeting Practices and Information

Type Information IN-PERSON MEETING INFORMATION

NUSD has opened its boardroom for in-person meetings and will follow the State's and Alameda County's safety guidelines for public gatherings. Please refrain from attending in-person meetings if you have any of the following symptoms: Loss of taste/smell Difficulty breathing Vomiting Diarrhea Fever Cough Headache Sore Throat Runny Nose

For additional COVID-19 information please go to https://www.newarkunified.org/covid-19 or https://www.acoe.org/guidance

OBSERVE THE BOARD OF EDUCATION MEETING

Members of the public may observe the meeting via the NUSD YouTube Channel, live transmission on Comcast Channel 26, or in- person at the NUSD Boardroom. Spanish translation will be available via Zoom.

PUBLIC COMMENT

The public will have the opportunity to address the Board of Education regarding non-agendized matters and agendized items with a live audio-only comment via Zoom with advance notice requested by email at PUBLICCOMMENT@newarkunified.org, a written comment by submitting a speaking card via email at PUBLICCOMMENT@newarkunified.org, or with live in-person comments by submitting a speaker-card with the Executive Assistant.

Pledge of Allegiance

Type Procedural PURPOSE:

The Governance Team will recite the Pledge of Allegiance

Roll Call

Type Procedural TRUSTEES:

President Phuong Nguyen Vice President/Clerk Terrence Grindall Member Aiden Hill Member Alicia Marquez Member Bowen Zhang

STUDENT BOARD MEMBER:

Member Estaina Resendiz Ortiz

2. APPROVAL OF AGENDA

Approval of the Agenda

Type Action

Recommended The recommendation is that the Board of Education approve the agenda for this meeting. Action PURPOSE:

Members of the Governance Team may request that the agenda be amended or approved as presented.

Motion & Voting The recommendation is that the Board of Education approve the agenda for this meeting.

Motion by Bowen Zhang, second by Terrence Grindall.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Terrence Grindall, Alicia Marquez, Bowen Zhang

3. CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code, � 54957.6, subd. (a)): Employee Group - NEWMA, Unrepresented Supervisors, and Contracted Management [Chief Business Official]

Type Action, Information, Procedural PURPOSE:

Information may be provided by the agency negotiator, the Executive Director of Human Resources, and the Superintendent. Assistance from legal firm Dannis, Woliver, Kelley, Attorneys at Law may be provided.

The employee organizations include NEWMA, Unrepresented Supervisors, and Contracted Management

Recess to Closed Session

Type Procedural PURPOSE:

The Board will recess to Closed Session, and reconvene to Open Session on or about 7:00 p.m.

4. REPORT OF CLOSED SESSION ACTIONS

Report of Closed Session Actions

Type Action, Procedural PURPOSE:

If available, a report of the closed session will be provided by the Board President.

5. CONSENT AGENDA: PERSONNEL ITEMS

Approval of the Chief Business Official Employment Agreement

Type Action

Recommended The recommendation is that the Board approve the new three-year employment agreement Action for the Chief Business Official commencing July 1, 2022.

PURPOSE:

To approve a new three-year employment agreement for the Chief Business Official, commencing July 1, 2022.

BACKGROUND:

The current Chief Business Official employment agreement expires June 30, 2022.

File Attachments Chief Business Official Employment Agreement FINAL- (2).pdf (96 KB)

Motion & Voting The recommendation is that the Board approve the new three-year employment agreement for the Chief Business Official commencing July 1, 2022.

Motion by Terrence Grindall, second by Bowen Zhang.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Terrence Grindall, Alicia Marquez, Bowen Zhang

6. ADJOURNMENT

Adjournment

Type Action, Procedural

Recommended The recommendation is that the Board of Education adjourns this meeting. Action PURPOSE:

No items will be considered after 10:00 p.m. unless it is determined by a majority of the Board to extend to a specific time.

This action will conclude the meeting.

Motion & Voting The recommendation is that the Board of Education adjourns this meeting at 6:47pm.

Motion by Bowen Zhang, second by Phuong Nguyen.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Terrence Grindall, Alicia Marquez, Bowen Zhang

No minutes available.