Special Meeting

Tuesday, January 31, 2023

Meeting Resources

Introduction

Special meeting of the Newark USD Board of Education held on January 31, 2023, in person and via virtual platforms.
Key themes: Agenda adjustments, public concerns about superintendent removal rumors, and procedural updates.

Agenda Items

Agenda Approval with Revisions

Description:
- Two revisions proposed: Removal of legal counsel representation (Item 4.1) and cancellation of closed session (Item 5.2).
Decisions made or actions taken:
- Board unanimously approved the amended agenda.

Public Comments

Key themes:
- Potential Superintendent Removal:
  - Community member Lupe Lopez raised concerns about alleged plans to remove Superintendent Mark Triplett.
  - Cited risks: Board overreach, reputational harm to the district, financial liabilities (contract buyouts), and destabilization of leadership.
  - Urged the board to prioritize student and community needs over personal agendas.
- Withdrawn Comment:
  - A second public speaker retracted their statement without elaboration.

Follow-Up and Commitments

Closed Session:
- The board adjourned to closed session but returned without reporting any actions or decisions.

Conclusion

Meeting adjourned at 7:26 PM with no formal actions taken beyond agenda approval.
No immediate next steps disclosed publicly; closed session details remain confidential per California open meeting laws.

1. CALL TO ORDER

1.1 Meeting Practices and Information

1.2 Pledge of Allegiance

[480] Nancy Thomas: Good evening, everyone. The special meeting of the Board of Education for Tuesday, January 31st, 2023 is now called to order. NUSD has opened its boardroom for in-person meetings and will follow the state's and Alameda County's safety guidelines for public gatherings. Members of the public may observe the meeting via the NUSD YouTube channel, live television broadcast, Comcast Channel 26, or in person inside the NUSD boardroom at 5715 Music Avenue, Newark, California. So please join me for the pledge. 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.

1.3 Roll Call

[547] Aiden Hill: Please call the roll.

[552] Nancy Thomas: Do I call the student first?

[552] Jodi Croce: Oh, you're a student staffer. OK. Board member Nguyen? Board member Nguyen. Here. Board member Jones. Here. Board member Hill. Here. President Thomas. Here.

2. APPROVAL OF AGENDA

2.1 Approval of the Agenda

[575] Nancy Thomas: Thank you. There are two changes to the agenda that I'd like to ask that you approve. One is that 4.1 legal counsel representation selection was inadvertently put on this agenda. It's not required. And then under 5.2, recess to closed session, no, that won't happen either. So with those two changes, can I ask for a motion to approve the agenda?

[606] Kat Jones: I'll approve the agenda. I'm sorry. I move to approve the agenda.

[615] Aiden Hill: I second.

3. PUBLIC COMMENT ON AGENDA ITEMS

3.1 Public Comment on Agenda Items

[617] Nancy Thomas: Please vote by raising your hand. Four ayes. Next, we have public comment on agenda items. First, Ms. Lupe Lopez. Welcome.

[642] Guadalupe Lopez: Good evening. My name is Lupe Lopez, and I'm here because I heard some rumors, and I'm not necessarily sure that it is true or not. But the rumor is that this special meeting was called because there is an intent to remove the superintendent. I urge the board, if this is true, to reconsider that and think twice about what you're doing, because it will create a world of problems. Number one, we will ask for an investigation for the board, because they're constantly overstepping their role. and wanted to actually administer the school as opposed to doing the oversight. Number two, we have had so many superintendents in this district, and that has created a really bad reputation for our district. So it's extremely hard to get qualified people to work with us. Number three, it will bring a big liability to the district as well. not to mention how costly it will be, as it will be required to compensate Dr. Triplett for the amount of time that he doesn't serve and to fulfill his contract. So I believe it will be an extremely bad decision on your part if this is true, if this is the intent to do. So I ask you to reconsider that and to also, you were hired to work for the students and to work for the residents of Newark. not to have a personal vendetta against the district. So please reconsider.

[749] Nancy Thomas: Thank you. Ms. Villa?

[752] Chery Villa: Actually, I'm going to withdraw my thank you note.

6. REPORT OF CLOSED SESSION ACTION

6.1 Report of Closed Session Action

[757] Nancy Thomas: OK. Having said that, we will be adjourning to closed session. We have just returned from closed session and no action was taken. Thank you, everyone. Five ayes.

7. ADJOURNMENT

7.1 Adjournment

[5532] Phuong Nguyen: I move to adjourn the meeting.

[5536] Nicole Pierce-Davis: I'll second that.

[5538] Mark Triplett: All right, let me try this. So motion was made by Member Nguyen and seconded by Member Jones. And all in favor, hand raise. We have five ayes. And the meeting is adjourned at 7 26. Thank you.

4. BOARD MEMBER REQUESTS (Removed by Board)

4.1 Legal Counsel Representation Selection (Removed by Board)

5. CLOSED SESSION (Closed Session)

5.1 PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Gov. Code, § 54957, subd. (b)(1)) (Closed Session)

5.2 Recess to Closed Session (Removed by Board)

[480] 1. CALL TO ORDER

[480] 1.1 Meeting Practices and Information

[480] 1.2 Pledge of Allegiance

[547] 1.3 Roll Call

[575] 2. APPROVAL OF AGENDA

[575] 2.1 Approval of the Agenda

[617] 3. PUBLIC COMMENT ON AGENDA ITEMS

[617] 3.1 Public Comment on Agenda Items

[757] 6. REPORT OF CLOSED SESSION ACTION

[757] 6.1 Report of Closed Session Action

[5532] 7. ADJOURNMENT

[5532] 7.1 Adjournment

[99999] 4. BOARD MEMBER REQUESTS (Removed by Board)

[99999] 4.1 Legal Counsel Representation Selection (Removed by Board)

[99999] 5. CLOSED SESSION (Closed Session)

[99999] 5.1 PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Gov. Code, § 54957, subd. (b)(1)) (Closed Session)

[99999] 5.2 Recess to Closed Session (Removed by Board)

1. CALL TO ORDER

Meeting Practices and Information

Type Procedural 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 Nancy Thomas Vice President/Clerk Aiden Hill Member Katherine Jones Member Phuong Nguyen Member Bowen Zhang

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, with the amendments to remove agenda item 4.1 and 5.2.

Motion by Katherine Jones, second by Aiden Hill.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Bowen Zhang

3. PUBLIC COMMENT ON AGENDA ITEMS

Public Comment on Agenda Items

Type Procedural PURPOSE:

The Board of Education encourages the community's participation in its deliberations and has tried to make it convenient to express their views to the Board.

BACKGROUND:

Please see the instructions on the link below for public comment information on non-agenda items and agenda items.

http://go.boarddocs.com/ca/nusd/Board.nsf/goto?open&id=C4Q2D4019F40

4. BOARD MEMBER REQUESTS

Legal Counsel Representation Selection

Type Action

Recommended The Board President's recommendation is that the Board of Education approves the use of Action Lozano Smith, Attorneys at Law for legal representation regarding the complaint received and possible investigation and litigation. PURPOSE:

For the Board to discuss and select legal representation from the currently retained NUSD law firms.

BACKGROUND:

Per the request of the Board President, Nancy Thomas, the Board will have a discussion, provide direction, and take action regarding which existing legal counsel to use regarding the complaint received and possible investigation and litigation.

5. CLOSED SESSION

PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Gov. Code, � 54957, subd. (b)(1))

Type Action, Information, Procedural PURPOSE:

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.

6. REPORT OF CLOSED SESSION ACTION

Report of Closed Session Action

Type Action, Procedural PURPOSE:

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

7. ADJOURNMENT

Adjournment

Type Action

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 7:26 pm.

Motion by Phuong Nguyen, second by Katherine Jones.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Bowen Zhang, Katherine Jones, Nancy Thomas

No minutes available.