BOARD REPORT for Board of Trustees Meeting October 17, 2006
*******************************************************************

ACTION TAKEN IN CLOSED SESSION
Board President Avie Katz announced that in closed session the Board voted on a letter that was sent out to two employees of the District and there was a motion to rescind the letter of October 11 regarding use of District email and substitute it with a letter more in the spirit and tenor of our positive relationship with our teachers and FEA. Board members stated how they had voted. Nancy Newton: Stated that she was the maker of the motion and voted aye; Homer Tong: No; Kathryn Ho: No; Barbara Nunes: Stated that she had seconded the motion and voted aye; and Avie Katz: No. Motion did not pass.

COMMUNICATIONS
Community member Larry Dean addressed the Board about his frustration regarding the issues surrounding the firing of Superintendent Steve Rowley. He suggested that an independent legal resource should investigate if there were any Brown Act violations. Community members Theresa Frank questioned the Board as to whether Rowley had signed an agreement that he would not sue the District and Jeannette Hoffman questioned the status of the Krieger investigation.

STUDENT BOARD MEMBER REPORT
Student Board Member Peter Lu, Monta Vista High School senior, reported on school activities at all five high schools. Peter then expressed his frustration, feelings, and thoughts regarding the “outside investigation” into why Monta Vista High School Teachers Melanie Walczak and Tim Krieger left the District. Peter stated, “I can no more be a student among Board members, I have to be a Board member among Board members.” He raised three questions: 1) What is the purpose of the investigation? timeline or report? 2) Once the community knows what happened, how will the Board make sure it doesn’t happen again? and 3) Is there even a policy that can stop this from happening again? Will the policy be followed? Board members again debated, as they did at the last Board meeting, back and forth whether the investigator is to provide a report or a timeline or both. Peter suggested the Board ask Investigator Tom Sharpe for a timeline as soon as possible and the Board can then decide if a conclusive report is also needed. Acting Superintendent Polly Bove stated she will contact Mr. Sharpe, tell him what was discussed, ask him for an update on his investigation, and schedule a meeting with him and the Board.

SUPERINTENDENT’S REPORT See District Bulletin for FBLA and Friend of Education recognition. • Communications Manager Cindy McArthur showed a video clip of KRON 4 News Reporter Rob Fladeboe’s report on school safety. Manager of Custodial & Safety Services Ray Ramsey, with Fremont High School Conduct Specialists Jesus Ramirez and Chuck Herrera, led Fladeboe on a tour highlighting the Fremont High School campus safety program. KRON 4 aired this news clip for their report regarding President Bush’s summit on school safety on Tuesday, October 10th.

DISCUSSED LEGAL EXPENSES RELATING TO DISMISSAL OF SUPERINTENDENT
As requested by a community member and a Board member, the District is reporting legal expenses in connection with the dismissal of the superintendent. Legal expenses billed from the law firm of Zampi and Associates for June 24 - August 20, 2006 total $10,628.98. Homestead High School PTA President Mary Ann Norling asked the Board why the July minutes show that one Board member had contacted legal counsel individually and was that District policy. Board member Nancy Newton stated that in fact one Board member has sought legal advice without consulting with the entire Board and that the attorney (Zampi) dismissed his fees.

ILLEGAL USE OF DISTRICT WEBSITE AND EMAIL SYSTEM
President Avie Katz stated that it is obvious to the Board that there has been illegal use of the District’s website and email system and acknowledged that Acting Superintendent Polly Bove emailed all staff outlining laws governing this when she found out. FEA President Tom Avvakumovits stated, “I completely agree that all employees should obey the law... In the future, association endorsed political content will be housed on our own FEA server, which is completely separate and distinct from our District server. And, emails will only notify the membership of matters of association interest, and suggest that they look on the FEA website, without including political content within the email itself.” Both Avvakumovits and CSEA President Pam Coppel explained their confusion to the Board as email had been used in the past regarding both associations’ support of the Measure L campaign, a campaign that the entire Board supported as well. Coppel stated, “I agree with what Tom just said. We (CSEA) have done that with propositions—whether it is right or wrong, we have never gotten any kind of feedback that we weren’t supposed to do this.” Avvakumovits also stated that he was troubled by the letter FEA received commissioned by Board Attorney Joe Zampi. “The letter threatens those who send out political email with misdemeanors, felonies, and further threatens with fines, jail time, and prison sentences. Is that any way to conduct business with one’s employee groups? Both the District and FEA, and certainly CSEA as well, have worked very hard over the past five years to establish a good mutually-respectful relationship based on open communication. Attorney commissioned threats of imprisonment flies directly in the face of those efforts...” Coppel concluded, “Seemed like an intense way to handle things to me.”

BOARD OF TRUSTEES...
    • Reviewed Annual Workers’ Compensation Self-Insured Report
    • Reviewed a Management Salary Report presented by Acting Superintendent Polly Bove and
      CBO/Associate Superintendent Geoffrey Kiehl. The Report showed what management
      positions have changed in number and scope the last few years. Bove and Kiehl noted that
      changes involve the needs of the District at that time. The Board and staff also discussed what
      classified positions and courses/programs have been restored since the budget crisis in
      2002-2004. A Board study session may be held on this topic.
    • Approved revised job description: Family and Community Liaison
    • Reviewed Legal Expense Summary for 2005-2006 Fiscal Year; Kiehl suggested that this
      report be given annually at the first interim budget study session in December when the
      books have been closed and audited.

FUTURE BOARD MEETINGS
THURSDAY, October 26, 2006 at ESC, Open Hearing -
Gov. Code section 54957 Public Employee 8am
TUESDAY, November 7, 2006 at ESC, Closed Session 5pm ,
Open Session 6pm — ELECTION NIGHT
TUESDAY, November 21, 2006 at ESC, Open Session 5-7pm —
FIVE HIGH SCHOOL PLANS REVIEWED
TUESDAY, December 5, 2006 at ESC, Study Session on Budget 5pm,
Closed Session 6pm , Open Session 7pm

EDUCATING CAPABLE, CARING, CONTRIBUTING CITIZENS FOR LIFE