Revised: Notice of Regular Meeting with Executive Session ...cartwright.ss12.sharpschool.com/UserFiles/Servers/Server_764798/F… · Governing Board approved with one *revision February

Governing Board approved with one revision February 25 2015

REVISED Notice of Regular Meeting with Executive Session Wednesday February 11 2015

Location Cartwright School District 83 5220 W Indian School Rd Phoenix AZ 85031

A Notice of MeetingB AgendaC Opening Items

D ReportsSummary of Current Events1 Superintendent - Dr Chaacutevez A Superintendents Award of Excellence

to Alea Washington Cafeteria Manager Atkinson amp Tarver Schools -Ms Rita Sanchez B AzMERIT What Next Year Looks Like - Dr Lawlor

Dr Chaacutevez welcomed everyone and shared a short segment fromChannel 3 regarding the ldquoYOUrdquo Parent Workshops that took place atour Family Welcome Center The Superintendent shared pictures of theGet Covered America healthcare enrollment events that took place atAtkinson Middle School and the Cartwright Training Center Hethanked Dr Murphy Assistant Superintendent of Human Resources forcoordinating the events Community members employees and formeremployees were informed of the events It is estimated that nearly800 people were in attendance

Dr Chaacutevez introduced Mrs Rita Sanchez who presented regarding theSuperintendents Award of Excellence to Ms Alea WashingtonCafeteria Manager at Atkinson amp Tarver Schools Ms Washingtonsnomination states She supervises a staff of 28 supervises or largestkitchen and feeds a total of 1450 students at both schools MsWashington also coordinates most District catering events in additionto ensuring District employees receive a hot and healthy breakfast andlunch at a reasonable price via the Cartwright Bistro A certificate waspresented to Ms Washington and pictures were taken with theSuperintendent

Dr Chaacutevez introduced Dr Lawlor Assistant Superintendent forEducational Services who introduced Mrs Patricia Lopez Director ofTeaching and Learning and Dr Alfredo Barrantes Director ofAssessments amp Data Management They presented regarding ArizonasMeasurement of Educational Readiness to Inform Teaching (AzMERIT)The presentation provided a brief synopsis regarding the New StateSummative Assessment Mrs Lopez explained that students in gradesthree through high school are tested in English Language Arts (ELA)and Math In addition students in grades four eight and high schoolwill still be required to take the AIMS Science test She went on toexplain that according to Arizona Department of Education (ADE) we

will not have test scores prior to the new school year starting therefore the Move on When Reading (MOWR) Law has been waived for the 2014-15 school year only Mrs Lopez informed the Board that as a District we would continue to monitor which students are in need of assistance and that summer school would still be offered to those students that do not fair well or are behind Mrs Lopez explained that the test is a fixed test and that all students will see the same test the test supports instructional shifts in ELA and Math and that the writing portion of the test has no multiple choice items instead the test will challenge our students to show their depth of knowledge about a subject She shared that writing rubrics and guides are available on the ADE website and encouraged all Teachers Parents and Students to visit the website frequently as the information could change often Mrs Lopez shared the instructional shifts reflected in the test for ELA balancing informational and literary text building knowledge in the disciplines text based answers or providing evidence in part B of a question writing from sources and academic vocabulary In regards to Math the focus is on major content blueprints in mathematics or focus areas according to grades which will build from grade to grade rigor is a balance between conceptual understanding procedural skills fluency and application Mrs Lopez went to the ADE website and showed the audience where the resources could be found She also demonstrated a sample ELA 8th grade writing question ad a sample 3rd grade Math problem Dr Barrantes then shared how the District is preparing for the test and reminded the board that the District will test our students on electronic devices not pencil and paper He shared that devices were purchased and received AzMERIT training for Teachers had started and he was looking forward to the student portal ADE would be opening up Currently we have 17 schools conducting online stress tests for the assessments and that students are using keyboards for their writing practice assignments In preparing our students for AzMERIT the District will conduct Q3 Galileo Assessments for 3rd 5th amp 7th grade students on the electronic devices Dr Barrantes also explained how AzMERIT differs from AIMS and the advantages of AzMERIT Computer Based Testing He explained that AzMERIT scoring has not yet been determined and that a passing score on the test will mean a student is on track for college or career upon graduation and that AzMERIT scores will have higher expectations for a passing score than AIMS and that the test would allow us to compare ourselves with other states in the nation Dr Barrantes stated that AzMERIT holds schools accountable and ensures students are learning what they should be Teachers are teaching what they should be and schools are providing appropriate supports to students and Teachers Dr Chavez thanked them for the presentation and asked if anyone had questions

Mrs Hernandez shared that she was conflicted about the test but stated she thinks we will like the end results She asked how does the

test differ from how we are currently teaching in terms of the expectations Mrs Lopez responded by stating that the test is clear about what a student should know at each grade level build their vocabulary be able to gather data from multiple sources and synthesize the information to get to the answer Teachers will be asking the guiding questions and students will gather the data and synthesize it She shared that the test now requires that a student is ready for college or career therefore both Teachers and Students are now teaching and learning differently

Mrs Cantu asked how are we projecting for all students to have access to this type of homework How is our monolingual and special education population being targeted and how are we preparing them to test on electronic devices Dr Barrantes responded by stating that there are various things going on district wide to ensure our systems are ready for our students and community members to be able access the tools and practice using the electronic devices The Task Fore is addressing the monolingual and special education students to ensure we are prepared to adapt to those students and have the necessary accommodations a student needs according to their Individual Education Plan (IEP) Dr Barrantes shared that Dr Sanchez Director of Special Services is working diligently to ensure our special education students have the accommodations they need to be able to test Mrs Lopez stated that Dr Lawlor has started a Technology Task Force and that there are subcommittees targeting those specific concerns She shared that all teachers know that sample items are available on the ADE Website and are to be used in the classrooms we are continually informing our parents about the opportunity to access the website as well to assist their students in learning Mrs Cantu thanked them for answering her questions

Mr Gomez stated that he would like more data regarding what the district is doing to assist our ELL and SPED students for AzMERIT and that he would like to be involved in that process Dr Barrantes shared that we would keep the board abreast of all activities taking place to attain this goal

Mr Lopez thanked them for the presentation and for answering all the questions

2 Board update - Board Members

Mrs Hernandez thanked everyone for their participation at he February 5 2015 Board Retreat She thanked Dr Chaacutevez for providing the leadership development tools necessary to continue to build the Boards capacity and stated that she does not shy away from AzMERIT she knows its will be difficult but in the end it will benefit all

Mrs Cantu welcomed everyone thanked our Teachers and students for the artwork in and around the board room and invited everyone to take a look and stated that she looks forward to seeing our students artwork in a museum in the future Mrs Cantu thanked Dr Barrantes and Mrs Lopez for their presentation tonight and stated that the Board Retreat was very productive and it provided a venue for the Board to get to know each other

Mr Gomez stated that it was great to participate in his first Board Retreat he has reflected on the knowledge gained and he hopes all Board Members and Administrators would live by the values discussed at the Board Retreat

Ms Garcia echoed Mr Gomezs comments about the Retreat she welcomed everyone and shared that the retreat was very rewarding and looks forward to growing together She thanked Dr Barrantes and Mrs Lopez for the presentation and states she looks forward to measured outcomes

Mr Lopez shared that he attended the 2015 NSBA Advocacy Institute in which he had the opportunity to discuss the Elementary and Secondary Education Act (ESEA) Reauthorization with members of Congress and as a coalition they targeted the House and Senate regarding their education agenda The main points addressed relating to ESEA were 1) ESEA was to keep governance at the local level 2) advocated for Congress to not create new programs without fully funding Title 1 3) The Child Nutrition Act - Kids Hunger Free Act reauthorization and to keep costs neutral or cost free to Districts Mr Lopez stated that he brought back some literature to share with the Board and would bring it to a future meeting to share

E Call to the Public

Consideration and possible discussion of comments and complaints from the public The Governing Board will not take any legal action on matters raised during this portion of the meeting unless the comments and complaints pertain to items included on the agenda A three (3) minutes time limit is set and all are asked to adhere to this limit The Governing Board may directr staff to study matters raised by the public or to reschedule those matters for future consideration discussion and possible action at a later date

Mr Lopez read the admonition and reminded all speakers to adhere to the time constraints

Tammy Spitzer Cartwright Education Association (CEA) Classified Advocate and Classified Meet and Confer Chairperson regarding employee concerns pertaining to item F13 on the Consent Agenda of tonightrsquos

Board Meeting She stated that since itrsquos become common knowledge that Ms Simmons is not being rehired shes be inundated with comments from classified and administrative staff expressing concerns over the way her situation was handled The phrase they did the same thing to Leslie is a common refrain Leslie Miele was replaced at the end of her year on SmartSchools after 25 years experience of loyal service to the District Many people have also told me that they believe key positions whether related to SmartSchools or not are often filled with candidates pre-selected by the Executive Team rather than the most qualified experienced candidates being placed in those positions If the interview committee does not recommend the preferred candidate they are pressured to reconsider their decision and plan that the preselected candidate had better be chosen When I asked these employees if theyd like to make a written statement to the Executive Team or Governing Board they either offer an anonymous statement or do not make a statement at all for fear of reprimand or reprisal Specific to Meris situation several staff members have shared with me that they have been told by Administration that they are not to discuss it at all and to keep their mouth shut told to mind their own business or instructed to tell people that Meri is out on sick leave when she actually was no longer employed by the District Again when I offer them a chance to tell someone who can address their concern they are too afraid These concerns and beliefs shared with me indicate a serious culture and climate issue and they reveal some unethical practices related to the hiring process for selected positions Meris position was posted for five weeks much longer than the standard 10 days Many people feel this implies a premeditated plan to replace Meri when her SmartSchools contracted ended After 30 years of loyal service without a blemish on her evaluations Meri has been dismissed as if she never contributed to the great success of Cartwright School District Adding insult to injury Meris colleagues were instructed to pretend she simply disappeared and we shall never speak of her again In Meris case and others policy and procedure may have been loosely followed however theres a District wide lack of trust regarding transparency integrity and potential unethical practices relating to hiring for targeted positions We need to address these serious climate and culture issues if we are to believe we are a true PLC

Michelle Robertson - Cartwright Education Association (CEA) President employee concerns pertaining to item F 13 on the Consent Agenda of tonightrsquos Board Meeting Ms Robertson stated CEA has been inundated with phone calls and e-mails regarding situations related to Mrs Simmons but over the years other situations regarding employment practices of hiring terminations promotions and the like over several years Ive come before you last year and this year and talked about the culture and climate issues surrounding that and the perception Again I cant speak to the reality of the situation because I dont have first hand knowledge of all those situations but what I can tell you in surveys that weve done

year after year conversations that we have advocacy cases and the feedback we continue to receive from members and non members not only of the classified certified and administrative and Ive even had certain Directors and Assistant Directors contact me is that there is in their mind favoritism when it comes to the promotional and hiring practices within the District and that at times there are situations in which people are targeted to have them removed Since the situation with Meri Simmons Ive received e-mails and calls which Im going to give you copies of so that you are hearing and seeing what Im receiving In addition I do not feel that I should be in the presence of this e-mail and Ive consulted AEA on how I should handle it This afternoon I found an anonymous e-mail placed in my box that I also made Dr Murphy aware of It is an e-mail between Ms Sanchez and Dr Chaacutevez Im asking that the Governing Board and the Executive Team look at these perceptions very carefully because we are losing valuable employees every year we have people leaving the District for many items and Ive come before you and asked to do an independent culture and climate survey and again I state that request I love working in Cartwright but just like anywhere there are issues that have to be dealt with and if we are going to move forward then those words of transparency and PLC need to be more than just a word they need to be an action And I really urge you to listen to the employees and go out and speak with them because the perception is their reality and thatrsquos the work condition were gonna retain employees in They need to feel that they are heard and that they are valued I know that as an employee Ive had someone come to me and say why is CEA so vocal and if you had been so vocal a few years ago you wouldnt have a job I know that myself Ive been targeted for being vocal and if this is truly a PLC people should be able to speak and we should be able to have dialogue even if we are not in agreementrdquo A copy of the e-mails were handed to the Executive Assistants for the Superintendent and Governing Board

Mrs Leslie Miele regarding SmartSchools Program and her experience with it Mrs Miele stated she was the former Assistant Director of Special Services and that she was a Cartwright employee for 30 years and that she was here to speak about her experience with the SmartSchools Program She stated she was one of the first to join SmartSchools on May 1 2013 she thanked the board for providing this opportunity for those of us in retirement age but with much more to give in their career Mrs Miele shared that she was excited for the opportunity and chose to go through with her retirement She stated she had shared with the Superintendent that other employees would not participate in the program as they feared they may not have a job after the one year SmartSchools Contract and that the Superintendent replied Leslie why would the District create an environment of mistrust Its a win win situation Mrs Miele then stated I ask you why She went on to say That as time approached for the first of us to being the process of rehire Dr Murphy made a statement at an Administrative Meeting saying that

the SmartSchools rehire process would change just a bit All positions would be posted interviews held because there might be people we dont want back Mrs Miele went on to say That was a huge red flag as others in the room asked me if that was intended for me On March 1 2014 my position was posted and I applied There seems to be a great deal of concern by the Executive Team and about my process My Director Dr Sanchez was told to make sure that the interview was fair and that the most qualified candidate for the position should be selected Mrs Miele stated arent we always fair Mrs Miele went on to say that her interview was on April 3 2014 I was interviewed by a panel of 6-8 panel members and that at the conclusion of the interview Dr Sanchez informed her that she was recommending her for the position In the SmartSchools process the Direct Supervisor makes the recommendation for rehire It was not until April 15 that Dr Sanchez called me to her office to tell me that I was not being offered the position The Executive Team was following through with Dr Chavezs vision that all District Administrators needed to be Principals This is the first Id heard of this and seems strange that it was not part of the job posting It appeared that because I was the candidate that was recommended there needed to be another reason to get me out She was also told that she could stick me in any open position in her department and that Dr Murphy had a package he wanted to discuss with me For thirty years of service this is the kind of treatment I was afforded No other person other than Dr Sanchez even communicated with me I called Dr Murphy myself he said no he didnt need to meet with me and was I taking the position At this point I said no The SmartSchool rehire process was different for all involved Some jobs werent even posted others were Some had interviews with panels others just had an interview with their Supervisor some with an instant rehire right then some of them took a couple of weeks like mine five weeks for Meri You strive for transparency honest open not secretive this system is anything but transparent One final comment as my husband is still an employee of this District I would certainly hope that his job will not be in jeopardy due to my statement

Ms Mary K Spangenburg - 3rd Grade Teacher at Davidson School shared regarding the Super Kids Super Sharing Program co-sponsored by the National Football League (NFL) She said schools in the hosting city are invited to be a donating school or a receiving school Receiving schools are eligible to receive new and gently used items such as equipment books office supplies etc Ms Spangenburg went on to state that she took 10 students to the CROC Center they met Cardinals players and cheerleaders and participated in sports camps similar to those at the NFL Experience She brought back almost 500 books and about 80 items for physical education and recess as well as about 150 office supplies Ms Spangenburg stated she would send pictures She stated the Transportation Department was very accommodating of her request even though it was late and thanked them for their customer service

Mrs Meri Simmons regarding item F 13 of the Consent Agenda I am a 29 year employee of the District I retired February 6 began Smart Schools on Feb 7 I strongly feel the Smart Schools Program is a win win program for employees and the District When you go on Smart Schools you are told there is no guaranty you will get your job back however all others who wanted their jobs back have been rehired except for Mrs Miele and myself I was not ready to retire I believed I would be recommended for rehire my evaluations have always been good including my most recent one At the beginning of December and towards the end of my contract year with Smart Schools I notified my Supervisor that I would like to continue with my employment as a District employee I was not told there would be any problem with that I shared my concerns regarding the lengthy posting for my position and was told it was posted for 5 weeks due to the Winter Break I had my first interview on January 22nd it did not go well and I had difficulty I had not interviewed in 29 years I also shared my concerns with the Assistant Superintendent for Human Resources and the Assistant Director of Human Resources about final interviews for my position as they were scheduled the day after a scheduled surgery and I would not be available As a result of that conversation I had my final interview on January 27th Mrs Simmons closed by stating that her 29 years of experience relationships with community members partnerships with business relationships with staff and love of the District make me the best qualified person for the position

Mr Lopez asked if there was anyone else in the audience that wished to address the Board There was no further discussion

F Consent Agenda - Dr Chaacutevez 1 Approval of the Minutes of the Regular Meeting with Executive Session

Held on January 28 2015 and Governing Board Retreat of February 5 2015

2 Approval of the Student Activity Fund November 2014 3 Approval andor Ratification of District Acceptance of Gifts and

Donations 4 Ratification of Payroll and Expense Vouchers as attached 5 Approval of Budget and Expense Statement of Month Ending

December 31 2014 6 Ratification of $28200 Currently Exceeding the Board Approval

Threshold of $100000 and Approval of Additional $46800 for an Approved Total of $175000 Through the End of the Year to Kronos Inc for Software Upgrades Kronos Clocks and Training as a Sole Source Vendor in Order to Comply with the Affordable Care Act

7 Approval to Increase Purchase Authority from $100000 to $250000 for Contracted Services for the 20142015 School Year with Center for Neurodevelopmental Studies utilizing RFP 11-12-01

8 Approval for Out-of-State Travel for Diane Gruman Director of Food Services to attend the Edible Schoolyard Academy on June 21 2015 to June 25 2015 in Berkeley California

9 Educational Services Request for Approval for Out-of-State Travel for Schools

10Approval of Out-of-State Travel for Denice Garcia - Board Member Dr Alfredo Barrantes - Director Assessment and Data Managment and Kris Kurtz - Director Academy for Success to attend the 2015 California Association of Supervisors of Child Welfare and Attendance in Napa CA on April 22-24 2015

11Approval of Date Change for Overnight Field Trip to Chauncey RanchCamp Sky-Y for Palm Lane Elementary 5th Grade Students

12Approval of Memorandum of Understanding Between Cartwright School District 83 and Touchstone Behavioral Health for the Purpose of Providing Pregnancy Prevention Education Services to District Students and their Families

13Approval of Appointment of Veronica Sanchez as Director of Communications and Community Engagement for the remainder of the 2014-15 School Year Pursuant to ARS 38431-03 (A)(1) -Discussion or consideration of employment assignment appointment promotion demotion dismissal salaries disciplining or resignation of a public officer appointee or employee of any public body except that with the exception of salary discussions an officer appointee or employee may demand that the discussion or consideration occur at a public meeting

14Approval of Appointment of Nicholas Radavich as Director for Human Resources Commencing the 2015-2016 School Year Pursuant to ARS 38431-03 (A)(1) - Discussion or consideration of employment assignment appointment promotion demotion dismissal salaries disciplining or resignation of a public officer appointee or employee of any public body except that with the exception of salary discussions an officer appointee or employee may demand that the discussion or consideration occur at a public meeting

15Approval of Resignations of Certified Employees 16Approval of Extension of Medical Leave of Employee 17Approval of Leave of Absence of Certified Employees 18Approval of Retirement of Certified Employees 19Approval of New Hires Resignations and Retirement of Classified

Employees 20Approval of Changes to the Substitute Roster 21Our adopted rules of Parliamentary Procedure provide for a Consent

Agenda listing several items for approval of the Board by a single motion Items listed under the Consent Agenda have gone through a review and recommendation process Documentation concerning these items has been provided to all Board Members and the public in advance to assure an extensive and thorough review Items may be

removed from the Consent Agenda at the request of any Board Member

The Administration recommended adoption of Consent Agenda as presented

Mr Lopez stated ldquoThe Board that at this time they could approve the consent agenda as it is or if they wished to have further discussion they could vote no and the District Attorney present could advise them as to how to continue

Mrs Hernandez motioned to approve the consent agenda as presented Mrs Cantu seconds the motion

Mr Lopez asked if there was any discussion

Mrs Cantu stated for the record ldquoI wish to abstain from voting on Item 12 of the Consent Agenda

Ms Denice Garcia stated she would like to table items F 13 amp F 14

Mr Contente Cuomo Attorney for the District called for a point of order and reminded the Board that there was a first and a second on the table that needed to be voted upon Mr Lopez asked the board to vote

Voting went as follows Yea Mrs Hernandez Mrs Cantu No Mr Lopez Ms Garcia and Mr Gomez Resolution Motion failed to pass

Mr Lopez then gave the floor to Dr Chaacutevez Dr Chaacutevez stated ldquoSince the consent agenda had not been approved perhaps our Attorney Mr Contente Cuomo could advise the board as to how to continue forwardrdquo Mr Contente Cuomo suggested the Board enter into Executive Session at this time under ARS 38-43103 (A)(3)

Mr Lopez motioned to enter into Executive Session pursuant to ARS 38-43103 (A)(3) Mr Gomez second the motion

Mrs Hernandez asked for clarification regarding the reason they were entering Executive Session at this time Mr Lopez explained ldquoThe reason is that the Consent Agenda was not approved at this time and that legal counsel would advise them regarding next steps as some members of the Board have concerns and questions about some of the agenda items I understand that perhaps Mrs Hernandez you are familiar on how to proceed however not all members are so a motion has been made to go into Executive Session so legal counsel could address the Board on how to move forwardrdquo

Mrs Hernandez asked ldquoSo there will be no discussion regarding individuals on the agendardquo Mr Lopez responded by stating ldquoNo Not at this point however the Board could go into discussion should they wish to and that at this time they were entering Executive Session for legal counsel to advise the Board on the process of moving forward regarding the Consent Agendardquo

Mrs Cantu asked ldquoIs the Board entering into Executive Session regarding comments made during Call to the Publicrdquo Mr Lopez stated ldquoWe are having an Executive Session because the Consent Agenda was not approved at the moment and legal counsel can advise the Board on the steps to move forward I myself as President of the Board was informed about this proceduresteps of this process but now the Attorney can advise the entire Board on how to move forward at this point so there would be no discussion at this point regarding any of the issues only advice on how to move forward on the process so the Board Meeting to continue If I am not being clear enough the Attorney could inform the Board on the process in Executive Sessionrdquo

Mr Lopez introduced Mr Contente Cuomo our District Attorney who explained ldquoThe Executive Session would address the legalities regarding how to separate items from the Consent Agenda and how to move forward with procedural issues and that he was there to answer any questions regarding any confusion regarding this process Mrs Hernandez asked if during this Executive Session the Board would be able to address procedural issues that have lead them up to the discussions that have taken place up to this point or discussionsdecisions already taken by the Board outside of a public meeting Mr Contente Cuomo responded by stating that the focus for the Executive Session should be on the Consent Agenda format of the Consent Agenda and if there is any legal concern moving forward with the votes to be taken on the Consent Agenda Mr Lopez informed the Board that the Executive Session should move quickly

Voting went as follows Yea Ms Garcia Mr Gomez Mr Lopez Mrs Hernandez Mrs Cantu Resolution Motion passes

The Board exited the Board Room to enter into Executive Session at 806 pm

The Board resumed the regular meeting at 840 pm

Dr Chaacutevez recommended approval of the Consent Agenda as presented

Motion was made by Mrs Hernandez to approve the Consent Agenda as presented Mrs Cantu seconds the motion

Mr Lopez explained ldquoThis motion is to move the Consent Agenda forward as is Each member should cast their vote as they want and if the same situation repeats itself Dr Chaacutevez and the District Attorney would guide us Is there any discussionrdquo

Ms Garcia requested to table (she did not finish her statement) because Mr Lopez reminded the Board ldquoThere is a motion on the table it has been seconded and if the outcome of the vote was the same as before the District Attorney had provided another option for the Board to considerrdquo He asked the Board to vote on the motion to approve the Consent Agenda as presented

Voting went as follows Yea Mrs Hernandez Mrs Cantu No Mr Gomez Ms Garcia and Mr Lopez Resolution Motion failed to pass

At this time Mr Lopez asked the Attorney to make a recommendation Mr Contente Cuomo recommended ldquoThe Board can approve the remainder of the Consent Agenda removing items 13 amp 14 for further discussion and individual votes on items 13 amp 14rdquo

Mr Lopez asked ldquoIs there a motion to approve the Consent Agenda removing items 13 amp 14rdquo Ms Garcia states ldquoSo movedrdquo

Mr Lopez informed the Board ldquoA motion has been made by Vice President Garcia Do we have a secondrdquo Mr Gomez seconds the motion

Mr Lopez asked ldquoIs there was any discussionrdquo There was no further discussion

Mr Lopez asked the Board to vote on the motion to approve the Consent Agenda excluding items 13 amp 14 Voting went as follows Yea Ms Garcia Mr Gomez Mr Lopez

No Mrs Cantu and Mrs Hernandez Resolution Motion passes

Mr Contente Cuomo advised the Board to move on to item 13 on the Consent Agenda as it is currently unresolved

13 Approval of Appointment of Veronica Sanchez as Director of Communications and Community Engagement for the remander of the 2014-15 School year Pursuant to ARS 3843103 (A)(1) ndash Discussion or consideration of employment assignment appointment promotion demotion dismissal salaries disciplining or resignation of a public officer appointee or employee of any public body except that with the exception of salary discussions an officer appointee or

employee may demand that the discussion or consideration occur at a public meeting

Mr Lopez gave the floor to Dr Chaacutevez who informed the Board that Dr Murphy would be presenting regarding Items 13 amp 14 during the public meeting as requested by the two candidates in question

Dr Murphy shared with the Board two detailed documents that he stated ldquoWould facilitate their consideration of these issuesrdquo He highlighted key points in the documents then proceeded to a powerpoint presentation Some key points highlighted by Dr Murphy were a summary of the selection process for the position of Director of Communications and Community Engagement he pointed out ldquoThe position was posted to external and internal candidates on December 14 2014 and closed on January 16 2015 ldquoThe long posting was necessary because Ms Simmons retired from the District approximately a year ago to participate in the SmartSchoolsPlus Phased Retirement Programrdquo He shared that ldquo23 candidates applied a paper screening process took place and candidates were narrowed to 10 On January 22 2015 a District screening panel interviewed the 10 candidatesrdquo He presented results of the panel scoring process to the Board along with the top four panel recommendations for the position ldquoAfterwards Dr Osuna and myself interviewed the four finalists Attached you will find the scores for the four finalists on the same spreadsheet with the scores for the panel recommendations As you know Ms Veronica Sanchez was recommended for the position as the most qualified candidate If I may I would like to elaborate on the second page of the packet which explains the selection process for the SmartSchoolsPlus and the criteria that was drafted in December 2012 as the District embarked upon the SmartSchools Processrdquo He pointed out the provisions section of the page which stated The phased retirement program will be available for one year only and then rehire directly by the District may be exercised Rehire by the District after the initial year of phased retirement with SmartSchoolsPlus is subject to the same selection process criteria and compensation as the initial phased retirement year On the third page Dr Murphy quoted roman numeral II of the memorandum dated January 5 2015 Guidelines for District Rehire of 2014-15 SmartSchools RetireesOther Cartwright Retirees which states Administrative and Support Staff positions held by SmartSchools Cartwright retirees during the 2014-15 school year will be posted for the 2015-16 school year open positions will be posted the individual must have achieved satisfactory performance the DirectorSupervisor then completes the normal interview process utilizing the Director and Assistant Director or Principal Panel Process (to be completed before the DirectorSupervisor sends hisher recommendation to Human Resources) DirectorSupervisor recommends the individual for rehire He then quoted Roman numeral IV bullet three It is the policy of the

District to employ the best qualified personnel In each case a District retiree should be rehired only after determined as the best qualified candidate Dr Murphy stated that ldquoPage five detailed the initial scores for the ten candidates interviewed on January 22 2015 by the panel and that they are listed in rank order Page six provides the rankings based on the finalist interviews of the four candidates recommended by the panel Pages seven and eight contained the questions utilized by the initial screening panel and lastly pages nine through eleven list the questions used by Dr Osuna and myself to interview the four finalists The final page is the resume of Ms Veronica Sanchez the recommended candidaterdquo

At this time Dr Chaacutevez addressed the Board concerning a comment about an e-mail that was sent to him by Ms Veronica Sanchez providing him with a resume He stated ldquoI receive various e-mails with resumes from individuals who are interested in working for the District and in this case as in all others I forwarded the information to Dr Murphy I do not know Ms Veronica Sanchez I have never spoken to her and I would like to make that clear at this pointrdquo Dr Murphy thanked Dr Chaacutevez for the clarification and stated ldquoit is not uncommon for candidates to e-mail the Superintendent and submit an application through Human Resources Department The Superintendent routinely forwards those types of e-mails to me as I am the Assistant Superintendent for Human Resourcesrdquo

Mrs Hernandez stated ldquoBecause we are currently addressing e-mails that were communicated to the administration regarding this selection there is a lot of information it is difficult to measure because not all of us were privy to the qualification of all candidates and it was a large poolrdquo She asked Dr Chaacutevez ldquoWhat other e-mails were communicated to the administration regarding this position as I do have concerns about e-mails that were transmitted by Board Members and conversations and decisions that have already taken place in a sense establishing that a vote has already taken place due to the number of calls received therefore making a decision or determination We need to address this issue or receive instructions on how to deal with this issue on the agendardquo She then proceeded to ask Dr Chaacutevez would you please share regarding that e-mailrdquo Dr Chaacutevez stated ldquothe e-mail I am privy to is the one Mr Lopez sent me about a concern regarding item 14 of the Consent Agenda The other e-mail referenced was an e-mail from Veronica Sanchez to myselfrdquo Mrs Hernandez asked ldquoWhat was the e-mail indicatingrdquo The Superintendent stated ldquoMs Sanchez was asking if the Community Relations position was still open and if it was she would like to submit her application I forwarded the e-mail to Dr Murphy as I would any otherrdquo Mrs Hernandez asked The Superintendent ldquoWould you elaborate regarding the second e-mailrdquo Dr Chaacutevez stated ldquoThe second e-mail was from Mr Lopez was regarding some issues and calls

he had received regarding items 13 amp 14 and that he and two other members had some concernsrdquo Mrs Hernandez asked for clarification regarding the term members Dr Chaacutevez stated ldquoI believe he was referring to Board Membersrdquo Mr Lopez then interjected ldquofor clarification I did discuss the e-mail to Dr Chaacutevez and with District legal counsel earlier today when I received a call yesterday they were going to try and contact other Board Members to share their concerns as well and today we all received an e-mail I did have a typo on the e-mail that I clarified with Dr Chaacutevez and District legal counsel I am very aware of open meeting law and Ive discussed this issue with the attorney and have had extensive training regarding the law so when I sent the e-mail I was told that these concerns would be discussed with all Board Members I have not discussed these issues with any other Board Members and Mr Gomez has received a packet full of anonymous information that we have not disclosed because we do not know what it is and do not want to be in violation of open meeting law as wellrdquo Mrs Hernandez clarified ldquoMy question regarding that e-mail only highlighted a concern as there were e-mails that were questioned by the audience that were brought to light and itrsquos the first Irsquove heard of it I have concerns anytime a Board Member is lobbied and supported by different organizations I have concerns when the Board President and other Board Members are communicated with regarding the issue and it is brought to light that three Board Members have discussed the issuerdquo

Mr Contente Cuomo called for a point of order and stated ldquoIf there is need for further discussion or training regarding open meeting law that can be arranged for a later daterdquo

Dr Chaacutevez asked Dr Murphy to continue with his presentation Dr Murphy stated ldquoIt is the Districts goal to hire only the best candidates for the position because of the large number of applicants for a relatively small number of positions many qualified candidates are not chosen The panel does not choose a candidate rather they provide broad based input to the supervising administrator and Superintendent regarding final recommendations for hirerdquo Dr Murphy then described the make up of the Principal Assistant Principal and District Screening Panels and that screening panels are composed of representatives working in or with the specific department who have expert knowledge of the position He went on to state ldquoPages eight and nine provide candidate rankings for item 13 of the consent agenda with the final interview scores indicating that Ms Sanchez ranked first with a score of 535 and Mrs Simmons ranked fourth with a score of 335 For Consent Agenda item 14 - Human Resources Director Mr Nicholas Radavich scored 326 and Candidate B scored a 213 therefore Mr Nicholas Radavich was recommended for the positionrdquo Finally Dr Murphy summarized the qualifications of both recommended candidates Dr Murphy closed his presentation by reading a definition

of ethics and quoted the mission statement of the Human Resources Department as portrayed on our District website Dr Chaacutevez thanked Dr Murphy for the presentation and asked if there were any questions

Mr Gomez asked Dr Murphy ldquoWho the panel is in the interviewing processrdquo Dr Murphy referred back to pages six and seven of the presentation which indicate ldquopanels are composed of representatives working in or with the specific department who have expert knowledge of the position Panels could include Teachers Support Staff Parents Principals Representatives from the Educational Services andor Human Resources Department and CEA Representatives He then shared the names of the screening panel members for item 13 of the consent agenda Dr Murphy reiterated ldquopanels do not choose the candidates rather they make recommendationsrdquo

Mr Gomez stated ldquoI would like to see Board Members on these panels I would be willing to participaterdquo Dr Murphy explained ldquoHaving a Board Member on a screening panel would be an unorthodox human resource procedure because the Board is an authority in the hiring process and it could be seen as a conflict of interest on the part of a board memberrdquo Mr Gomez stated ldquoIt was his understanding that in the past he thought Cartwright Board Members were involved in this processrdquo Dr Chaacutevez responded ldquoIn my nine years of employment at Cartwright a Board Member has not been on a hiring committee for the reasons sited by Dr Murphyrdquo

Mrs Hernandez responded ldquoWe have had Board Members that because of their career involved in education not participated in hiringrsquos but have participated as members of a task force Our past administration also did not support that request because of that same conflict and that there was a presumption that we would be there to represent the Board with our participation on a task force thatrsquos why the previous administration recommended against it but there were members that participated regardless and there were several issues and challenges regarding open meeting law and conversations that kept leaving the boardroom during that time

Mr Lopez stated ldquoI believe that Phoenix Union they have a process not necessarily the same as Mr Gomez has suggested Probably the Board receiving the top 3 finalists the board would make recommendations I know right now we have a recommendation from the Superintendent so thatrsquos like a similar process to what Phoenix Union doesrdquo Mr Gomez stated Thats what I was trying to lead to asking all the questions I think that you as administrators you are the administrators but I think going forward because of possible inconsistencies I think it would be a good idea that you give us the

three top candidates and maybe a Board Member sit on as other school districts have

Mrs Hernandez stated There are many workshops available and I will recommend one I learned from previous Board Members that mentored me in some direction the recommendation was always to avoid micro managing We are here to learn more about our positions as members of the Governing Board we are here to govern policies but we hire one employee our Superintendent to act out those policies When that Superintendent is in violation we as Governing Board Members have set up then its up to us to have that conversation and there is a process for that What we as Board Members and there are several workshops that will teach us on this is that we are to refrain from micro managing as many times as Ive wanted to and Ive done and I shared I have over the last 5 years I have refrained from establishing relationships with staff members and organizations You meet with me because you want to share with me your point of view on something but not to sway me in a decision with information that is not factual or perhaps has already been discussed in the open Ive always been open Ive always invited an open conversation and to bring it to the Board so we all have the same information and make decisions a better informed decision based on the same information and the same responses from the Administration I have repeatedly asked if there is any information as to why I should not be able to trust my Superintendent or the Superintendent that we have hired I dont care what it is because I want to know I need to be able to base my decision on the same information that you have No information has ever come out Ive heard allegations throughout the years allegations that weve discussed openly staff has responded and I openly ask is there anything that came out in that information you shared with me that was different to make me believe and understand that something is going on I wanted to share that history with you but I do have questions relevant to that same statement I just made There were some allegations about wrong doing in the process for the last two years correct me If Im wrong weve discussed procedures for hiring at least four times Weve asked for presentations weve had presentations I have supported my fellow Board Members because they were knew and did not know as weve had new members each election cycle I have yet to hear any reason as to why what is it that were questioning I see the list of all candidates Im glad I was not on the panel because I happen to know several of the candidates That is why I refrain from participating because I dont want any relation I do not want to be connected I solely rely on the expertise of the people that are going to have to work with the person selected whether I am happy or not I have this (she points to the microphone) at every meeting to question I would invite all of us to have those open conversations I still am looking for why we are not

able to trust the judgment or why it would make a difference if I were there in that seat

Mr Gomez thanked Mrs Hernandez for the information and stated I brought the item up because I have some concerns about the process

Mr Lopez thanked Board Member Hernandez and Board Member Gomez Then stated ldquoAt a future Board Meeting the Board may choose to revise the hiring process or access to those committees if the Board chooses to do so

Ms Garcia stated As I look at the screening panels I think we can all agree we are here for our students that is one of our great motivators In addition to our students I believe as a Board we also care about our employees and I do believe that if our employees are unhappy then our students will be indirectly affected I do believe in due process and I also believe that perhaps because CEA has been so vocal consistently been vocal I am wondering why CEA is not on the screening panel to represent the employees Im sure they would want to be represented as well as we continue to represent our students I think transparency is extremely important objectivity is extremely important I realize as a Board we are one voice individually we are not So I come to you and I ask are we being transparent Are we representing our students as well as our employees I look at the again I dont see CEA there and again I will reiterate they are very vocal here which I appreciate because its good to know that the employees are being represented as well Dr Murphy interjected ldquoCEA is represented as you can see on page six of this powerpoint presentationrdquo Ms Garcia stated ldquoIt is my understanding that they are not always present in the hiring process I appreciate the powerpoint and all the information DrMurphy has given us since Ive been a Board Member here but it appears to be very inconsistent When I say that the employees that have come before the board with their concerns they have been consistent So we cannot just ignore their concerns As I look at this youve discussed that we hire employees that are the best qualified that is great that we do I was looking at a resume back here I read it and I looked at four years of experience versus twenty-nine years Youre right just because an employee wants to continue working for our district it doesnt mean they are entitled to continue employment but lets compare apples to apples That is what I am trying to do I am trying to be objective The writing is very clear I just wanted to address that

Mrs Hernandez states To the point I want to make sure that we are addressing the issue at hand we have had opportunities to address past hiring practices and we said nothing else except to request a

presentation Weve come to address this issue and the organization you want to be involved was involved Mr Lopez then stated that Im thinking Vice President Garcia wanted to the panel for the Director of Communications and Community Engagement we do see that CEA is part of the Principal and Assistant Principal screening process but based on what we see on this panel they were not part of this panel which is a similar question that I have In the past last year Vice President Garcia asked to see if CEA was a part of all the panels for the hiring process and the answer was yes and I dont think they were a part of this panel or stakeholder group regarding the Director of Communications I know you mentioned that they were not part we do see in the powerpoint that CEA is part of the Principal and Assistant Principal but we do not see that they are part of this process and my question is Is there a reason they were not part of the process for thisrdquo Mrs Hernandez called for a point of order and reminded Mr Lopez that she still had the floor Mrs Hernandez then asked Is there an overwhelming knowledge amongst our board members that would determine in addition to should we go back and include CEA that there would be a difference in the scoring

Mr Lopez asked ldquoIs there was any reaction to Mrs Hernandezs questionrdquo Mr Gomez responded by stating I think that as educators that have been here so long they could bring in a different perspective to this as we as Board Members can Were always evolving our School Board is always evolving and because of some of the statements that were read today by some of our fellow Teachers here and some of the documentation that we have I think for transparency like we discussed in our last board retreat I dont see that transparency and I would like to see that going forward so that is why I am bringing this up at this time

Mrs Hernandez responded by stating To that point please clarify what statements were made that are true in fact that we need to consider as a Board because in my history weve received many presentations and like Ive said including the same organizations Ive asked to bring forth information that would be contrary to what theyve shared with me and Ive not found that to be true Mr Gomez responded by stating I think now that you are going to be I think that this is an agenda item for the future

Mrs Hernandez responded by stating John Mr Gomez I disagree because we are here to discuss I need to be listening to the same information you are using to base your decision on Mr Gomez responded by stating Mrs Hernandez basically what I am saying is there are several Teachers there are several e-mails and phone calls that will be discussed later on that in my personal belief the Administration has not been transparent and going forward we need to have transparency with possibly Board Members and CEA being part of

the finalist process somehow being engaged I may not be an educator but I am a business professional I have worked in the community for over twenty years my mother has been a teacher for thirty years I think I can grasp who could be Ive been in management for many years I think I can grasp who could and could not fit the position well So that is why I am recommending myself to be on that panel and be part of this transparency process

Mrs Hernandez responded And to that point again I just heard you that we perhaps seek some I am requesting as a future agenda item that we bring in an ASBA expert that can talk to us about open meeting law including new member orientation so we can cover these processes I had concerns too in the beginning until after ten years now I understand the process and I think the Administration can share with you quite honestly that I challenged just about everything but Ive grown to understand not conform but that there is more to the story than what is presented That is why I urge you and you made a statement I would like clarification at least just the bullet points of what those comments that you heard that got your attention so we can address it later I want to make sure they are addressed so I can understand what those are Mr Gomez responded Some of those items we havent gotten to yet Mrs Hernandez but as some of the someone who was speaking I forgot who it was correspondence between two a couple of administrators in telling their fellow person or insubordinate to mind their own business to keep it to themselves to hush up That was one of my concerns There will be more Board documentation as we read these packets

Mrs Hernandez stated for clarification When those comments are shared with us in any communication we are to refrain according to policy that we do not consider that we should not be reading or delving into anonymous information that is a board policy we dont consider anything if somebody is not willing to put their name to it Secondly because it is presented doesnt mean its true I am not saying they are lying either I am saying we need we cannot make a judgment that its automatic that the staff is lying to us and not being honest but it is a valid question one that I hope we did address I hope you take into consideration the many years Ive been on the board youve been there to witness how my experience has transpired that Ive been able to make that judgment Id be the first one to tell you that if one of these was not being true because we can question at any point or make changes

At this time the Districtrsquos Attorney Mr Contente Cuomo called for a point of order and cautioned the Board that we are straying from the confines of the item item 13 of the agenda He advised the Board to have that item included on a future agenda for further discussion

Mr Lopez then stated So you are suggesting that we table this item Mr Contente Cuomo responded by stating no I am suggesting we should return the conversation to the decision to be made Is the Board going to vote or make a motion to vote on the approval of this candidate for the position and what questions need to be satisfied for each Board Member to be able to cast their vote

Mr Lopez stated ldquofor clarification it can be a yea a nay or if the Board is not ready to make a decision at this point what would be the step to if the Board is not ready at this point to make a decision what should we what should it be a yea or a tabling or Mr Contente Cuomo responded If any Board Member feels they are not ready to make a decision at this time then yes the motion should be to table the item but that should be subject to majority approval just like the approval of the item would be subject to majority

Dr Chavez then stated And wed also have to have a motion to begin that process For clarification this is item 14 Mr Lopez and Mrs Hernandez both stated 13 Dr Chavez then stated Item 13 yes I would say that we will address some of these issues at the Governing Board Retreat and also bring in experts so we can educate ourselves I would caution you about continuing to communicate about item 13 as we move forward

Mr Lopez asked if there were any questions

Mrs Hernandez asked Dr Murphy statements were made about the qualifications and being the most qualified For my part I want to share that decisions this is not new we discussed this at the last Board Retreat we are here to make professional decisions as Mr Gomez has pointed out its a business decision it is in no way a personal decision sometimes we tend to make it personal because of the relationships that have been established over the years There are no promises about how long they will be able to keep and certainly we care about the employees but we are here we cannot lose focus we are here for the kids and at the time being if Im faced with many candidates and highly qualified candidates because of what I see and based on the people that were on that panel I trust their judgment and I can see who rated who low or high based on their experience I dont hesitate in supporting that Dr Murphy I have a question regarding qualifications of the current person that has that position and the evaluations From time to time we had experts in certain fields come in to evaluate the abilities of staff members in certain roles which in my recollection happened and took place in the area of communications the Board wanted to move in that area We were not happy with where we were at in that department This is not based on the person this position evolved over the years and there was no clear direction from the leadership as to what this position should be which

is why it allowed a person with certain skills to remain in that position for many years As it evolved the responsibility increased Ms Garcia and Mr Lopez were at the board retreat where we discussed the importance of communications technology and journalism that was brought to this department There was an evaluation that was done by an outside expert in the area Dr Murphy do you have the results of that evaluation It was done by a person that worked with Maryvale Hospital He was recommended by Ms Martha Garcia former Board President his name was Andres He conducted an evaluation worked with the person that continues to serve in this position regarding areas of concern Do you have that evaluation sir It took place before yourdquo

Dr Murphy responded by stating ldquoI do not recollect I donrsquot supervise that position and because it was previous to my time at Cartwright I do not have knowledge of thatrdquo

Mrs Hernandez then continued ldquoIn the past and by no fault of the person that has this position there was a lack of clarity as to what those job duties or roles as it has grown Now that we are being more strategic we fall back on what the expectations of the Board were for that department and the outcome of that evaluation I would like to see that evaluation for discussionrdquo

Mr Lopez stated ldquoIrsquom assuming that information would not be provided at this point since itrsquos not accessible at this timerdquo

Mrs Hernandez responded ldquoto that point Mr President we all have information it appears that we need to fully discuss openly unless a discussion has already taken place and a decision has been made Lets be transparent about thatrdquo Mr Lopez replied ldquoWe do have information that we have not seen as a Board We have a packet there (he points to Mr Gomez) and some information given to the Executive Assistants as well and by the advice of our legal counsel at this point we have not been able to see that information or have a discussion as well as the other Board Members in order to not violate any open meeting laws That information will have to be reviewed by our attorney before it can be given to the Board to ensure that we have no open meeting law violationrdquo Mrs Hernandez replied ldquoRelinquishing or sharing information such as an evaluation by personal would not be a violation of open meeting law What the attorney did inform us about was information we have not yet read and we do not know the content Just for clarificationrdquo

Mrs Cantu stated ldquoWe had a retreat last week where we agreed to be responsible transparent and honest I believe that if there is we also agreed there was only one employee to the board and that is Dr Chavez If at some point we have some concerns like Mr Gomez

says heresy Have those concerns been addressed to Dr Chavez or were you waiting for this time to do it publiclyrdquo Mr Gomez replied ldquono I think as you know that I have that we havenrsquot all been able to read yet several packets of information Based on what Irsquove read that is what I am basing my decision onrdquo

Mrs Cantu asked ldquoAre those documents signed Were they handed to you personallyrdquo Mr Gomez replied ldquoThere are some documents I believe that have been given to the Board Irsquom sorry Dr Chaacutevez to your officerdquo Dr Chaacutevez replied ldquoI am unaware of any documents at this timerdquo Mr Gomez replied ldquoWe were discussing e-mailrsquosrdquo Mrs Cantu interjected ldquothe package that you have was that delivered to your houserdquo Mr Gomez stated ldquoIt appeared at my homerdquo Mrs Cantu asked ldquoand you donrsquot know the person who delivered it Those letters are not fact at this point because you havenrsquot discussed it with Dr Chaacutevez personallyrdquo Mr Gomez responded ldquoNo I believe there is another packet that was on the dais that we were all questioning as well I think what we have on the dais I think we do need more time to discuss these issuesrdquo Mrs Cantu replied ldquoYes I do not have information to that access I am relying on Dr Chaacutevez for his recommendation What are the needs for that department the panel of administrators I can see that they have recommended who they want to work with I cannot decide who is going to work with you in that department because Irsquom not going to be dealing with that individual Itrsquos the panel who recommends who will be working with that individual and who knows the capacity and the needs that are in particular to that department I would like for you to share that information with me (she points to his packet) so that I can be on the same page because as a Board we are one If I donrsquot have the information how can I make a decision on something that I donrsquot know

Mrs Cantu then stated ldquoLast Thursday we had a Board Retreat we all left under the impression that Dr Chavez is the only employee to the Board If we have concerns we come to him we donrsquot like what hersquos doing on the agenda we let him know but at this point you feel you have enough ammunition to go against Dr Chaacutevez I donrsquot know if this is the proper time to discussrdquo Mrs Hernandez called for a point of order Mr Lopez stated ldquoThe attorney advised the Governing Board in Executive Sessionrdquo

Mr Contente Cuomo interjected at this time and stated ldquoI just want to reiterate that we do not want to disclose discussions from Executive Session We do want to keep focused on the issue that is properly agendized The discussion of the performance of Dr Chavez is not within the scope of this dialoguerdquo Mr Lopez replied ldquoExactlyrdquo

Mr Lopez then stated ldquoMrs Cantu you asked about the information that Board Member Gomez has that the rest of us donrsquot That information will have to be properly distributed to all the Board Members so we can all have access to the same information We were given procedure on how to move forwardrdquo Mr Lopez relinquished the floor to Mr Contente Cuomo

Mr Contente Cuomo stated ldquoI reiterate at this point it sounds like there are some concerns that may or may not affect individual Board Members abilities to make a decision here tonight In the interest of moving the business of the Board forward at this point it would be recommended to decide is there a consensus to finalize this item tonight or is this an item that needs to be tabled So it would be the majority vote obviously In my opinion perhaps we should start by obtaining consensus of the Board if they agree with this candidate Now that the discussion has been had and some concerns have been vocalized if the Board Members if a motion were to be made to approve this person in this position the outcome of that vote will indicate whether or not this needs to be tabled Again you do have at your disposal the opportunity to address any legal concerns you may have in a legal advice executive session Although from what I am hearing there are no legal issues here These are more concerns with the interactions of Board Members and between the Board and Administrationrdquo

Mrs Cantu stated ldquo I donrsquot want to be part of something that can come back and haunt me when it comes to legal issues When I took this position I promised to be transparent I promised to deal with this within our legal bounds and not to violate policy That has not happened until now after 13 or 14 years on the Board If this is going to take me in a different direction if this is going to taint my name because somebody else is arranging this type of situation I will be vocal about it I will say it out loud just for the record Mr Presidentrdquo Mr Lopez responded ldquoThe only way you can be put in that position I believe is if Board Member Gomez were to give you what he has in that envelope at this point and you were to discuss those items right now We have a recommendation from our legal counsel to make a decision to vote on this issue as recommended or table this issue So at this point if we donrsquot have any further questionsrdquo

Mrs Hernandez reiterated ldquoWe have existing Board Policy Board Policies are the rules by which we govern Those are the rules One of those policies states that we do not recognize or should be impartial by information given anonymously That cannot be accepted or recognized and it sounds like itrsquos already impaired your judgment by having received it and having scanned it I would advise you that you refrain from making a decision on information that has been solely given to you at this pointrdquo Mr Gomez replied ldquoYes Like we discussed

earlier everyone is privy to view this information I donrsquot feel that I am going against the administration I think that I donrsquot have enough information honestly to deciderdquo

Mrs Hernandez asked for a point of clarification ldquoMr Gomez you made a statement earlier when I asked if there was anything that lead you to believe regarding our staff and their judgment and their skills in making decisions You stated yes We did agree to share that at a later meeting (she points to his packet) I understand there may be some confusion as there is a lot of informationrdquo Mr Gomez responded ldquoFor a point of clarification I think there is so much information being addressed here today Thank you for bringing that up I do believe that we need to I would like to see more information and hear more information from the Administration in order to make a decisionrdquo

Mr Lopez then stated ldquoMrs Hernandez just to clarify regarding your comment at this point the Board does not know what is in that envelope What we know from Board Member Gomez is that it was received anonymously but we do not know if there are names or no names attached inside that envelope at this pointrdquo

Mrs Cantu stated ldquoI donrsquot have that information Mr President and if you are going to make a decision based on what he received how can I not have access to that information to base my decision on that as well I am not going to do it because as I have stated very clearly Dr Chaacutevez is the only employee the Board has We have a right to question yes I donrsquot say no We arenrsquot supposed to take this issue to question what he has done after a board retreat not even a week ago If we had issues or concerns they were not expressed last week I am confused I donrsquot have the facts to agree with yourdquo

Mr Gomez replied ldquoLet me reiterate there are several documents that we have not read I think you are focusing on the packet I have But there are other documents There are other documents on this dais There are other things to consider I am asking that you please refrain from pointing me out based on just my packetrdquo Mrs Cantu replied ldquoIrsquom sorry Mr Gomez if I sound aggressive to you What I understand there is a process there is protocol we as policy makers have to be respectful and follow them There is protocol if there are issues in personnel if there are issues with whomever out there there is a process I ask have you had the opportunity to participate in the evaluation process for Dr Chaacutevez based on the information that you have That is my question to you At this point the rest of the Board hasrdquo

Mr Gomez replied ldquoLet me repeat myself again there is a lot of information to review we have had teachers talk to us at call to the

public yes I understand very well I have been to several ASBA Conferences NALEO Conferences I do know there are processes that we should follow and I think we are following them Mr Lopez I think we need to move on so we donrsquot say what we shouldnrsquot sayrdquo

Mr Lopez gave the floor to Dr Chaacutevez Dr Chaacutevez stated ldquoAt this point in time the Governing Board needs to make a decision on item 13 Either make a motion to decide what it is they would like to do This is neither an evaluation of Meri Simmons nor an evaluation of Veronica Sanchez Both are good and outstanding candidates both are well respected At this point in time we felt that Veronica had more expertise in this particular area than Meri It boils down to that At this point in time I believe that the Governing Board needs to decide what it is they would like to dordquo

Mrs Hernandez states ldquoTo that point Dr Chavez you are right Looking at the qualifications to me there is no doubt there is a vulgar display of abilities and skill sets that we have requested that have been exemplified However what is at stake here is not a conversation about qualifications or skills We had a discussion at a prior Board Retreat regarding leadership that had to do with politics and relationships that are built It is common knowledge which Board Members here have been courted by political organizations including the involvement of this current position I am not shocked or surprised I was not expecting to have this conversation but I am not surprised Because there was an e-mail that was received that stated conversations had been shared because three members of our Board were openly discussing this prior to coming here Those are the concerns that I have because they impair our judgmentrdquo

Mr Lopez responded ldquoThat has not been declared yet by our legal counselrdquo Mrs Hernandez replied ldquoI would agree to that point Mr President and fellow Board Members just as the other allegations and comments that have been shared in call to the public have not been validated by us That is what I am stating and that is why I am making that pointrdquo

Mr Lopez gave the floor to Mr Contente Cuomo

Mr Contente Cuomo stated ldquoI think that there is a place to address that concern I am not minimizing any of the issues but we do need to make a decision Is there going to be a motion to table or is there going to be a motion to approve the item either way as the Board has one other item to addressrdquo

Mrs Hernandez replied ldquoI would like to make a motion that we approve consent agenda item 13rdquo

Mr Lopez asked if there was a second Mrs Cantu seconds the motion

Mr Gomez asked for clarification of the motion Mr Contente Cuomo replied ldquoThere is a motion to approve the appointment of the administrations recommended candidate for item 13rdquo

Mr Lopez asked Mr Gomez if the clarification answered his question Mr Gomez stated ldquoyesrdquo

Mrs Hernandez stated ldquoI invite my fellow Board Members again I will go back to a past Board Retreat and that leadership conversation about what we contribute and about what we offer and what our goal is With that comes a responsibility of making professional business decisions not decisions based on relationships or political powerhouses or decisions based on that But merely discussions about how this one position impacts our school district and how we have selected and together chosen our vision mission and our goals The end product being how we like to share we often talk about how it impacts our kids Irsquove been in this position and this process before where the main focus is about money about a position and how it outweighs everything else I think we have staff that we have entrusted I have not heard anything to the contrary but have had stellar performance in all areas that we have embarked on I can say that for what its worth from my ten years of experience that I have I have seen the development of the departments I have seen the issues we have dealt with that you guys have not been privy to I would invite you to review some of those conversations that have been shared with the public I would ask that we get outside of ourselves and make a professional decision where we look at the best interest of or District and consider if this one position outweighs the importance of business or conducting business from here on forward or we continue discussing this one issue when we have other outstanding issues to address such as academic achievement AzMERIT and every other assessment we have out there My fellow board member went to Washington DC to learn about ESEA the funding the issues that we have to deal with but for us to focus we can spend three or four weeks or months on this one position to me it is a blatant and vulgar display of our political relationships in this community It is a small community its common knowledge I would invite you to get outside ourselves and this box to vote for whatrsquos in the best interest of our District at this time and take the recommendation from our Executive Team Thank yourdquo

Mr Lopez explained ldquoThis Board does not have to wait two weeks to meet again If therersquos a meeting that needs to happen the Board can make a motion to reconvene a meeting without having to wait three or

four weeks as mentioned by Board Member Hernandez isnrsquot that correctrdquo Mr Contente Cuomo responded ldquoThe Board can meet whenever it can convene or as long as there is proper notice or the required twenty four hourrsquos and posting of the agendardquo

Mr Lopez thanked Mr Contente Cuomo then stated ldquoDo we have anymore discussion Given the fact that we have had a lot of discussion I would do a roll call for this item So we have a motion its been seconded by Board Member Cantu we already had discussion so now I would do a roll call so that we can move on this issue and move forward with the remainder of the business meeting that we haverdquo Voting went as follows Yes Mrs Hernandez and Mrs Cantu

No Mr Gomez Ms Garcia and Mr Lopez Resolution Motion fails

Mr Lopez stated ldquoIt seems the nays have it so at this point this motion fails to pass I believe we now have item 14 to move forward Dr Chavez ldquo

14 Approval of Appointment of Nicholas Radavich as Director for Human Resources Commencing the 2015-16 School Year Pursuant to ARS 3843103 (A)(1) ndash Discussion or Consideration of employment assignment appointment promotion demotion dismissal salaries disciplining or resignation of a public officer appointee or employee of any public body except that with the exception of salary discussions an officer appointee or employee may demand that the discussion or consideration occur at a public meeting

Dr Chaacutevez stated ldquoThe Administration recommends the approval of item 14 as presentedrdquo

Mr Lopez states ldquoA recommendation has been made by the District Office Do we have a motionrdquo

Mrs Hernandez states ldquoSo movedrdquo Mrs Cantu seconds the motion

Mrs Garcia states ldquoIf I might be transparent Both items 13 and 14 have many similarities in nature and Irsquod like to be able to discuss thatrdquo Mr Lopez responds by stating ldquoGo aheadrdquo Ms Garcia states ldquoI think the employees that came to the Board were very transparent and to me and Irsquom saying this objectively consistently they have come before the board maybe not the same employees but they have come before the Board to share what their experiences are and once again although there was full representation apparently with Teachers in the hiring of Principals and Assistant Principals I donrsquot know that

the other classified employees were supported in that respect Again because of the consistencies of concerns of mistreatment I am concerned This has nothing to do with any e-mail this has nothing to do with any envelope that has been opened or unopened What it does have to do with is employees coming before the Board and once again sharing their concerns I want them to know that I am listening Thank yourdquo

Mr Gomez states ldquoI believe that based on item 13 and possible processes in which these decisions were made I do have questions I have questions on the fidelity of the processrdquo

Mrs Hernandez states ldquoIrsquom a person of fact I have always been Irsquove always requested the necessary documentation I have not allowed myself to be lobbied in any one favor and I stand by that I think that Mrs Cantu in questioning that envelope leads me to believe that you were selected for a reason I have not heard and it has not been proven Irsquove heard many accusations but nobody is yet to be able to tell me what in the process is not working Is it because of the judgment of the people sitting on the panel cannot be trusted Because they want unqualified candidates to lead our district that has made so many accomplishments and I am sorry I have to stand up not necessarily for the administration but I have to give credit because there was a time three years ago that 14 out of 20 schools were failing I had letters of recommendation from you name it all elected officials all of the sudden interested in the decision at hand but nobody was to be found when our kids were failing including mine I will not allow this to be repeated because my kids are kids of this District I donrsquot know how many of you can say that I want the most highly qualified when it comes to leading our District and teaching our kids Forgive me if I want my son or daughter to go to Harvard Now having said that I have not heard except allegations somebody tell me or be up front and tell me Lydia I am making these decisions because I am running for the house in the next session Lets be transparent because I will be about it Nobody has ever told me that any of these individuals up her ldquoDr Murphy I think you lack the skills to have good judgment in selecting a qualified person Irsquom sorryrdquo This is a vulgar disrespect to our very highly qualified candidates As many years as Irsquove served on this Board Irsquove wanted to steal good talent from other Districts When I look at these resumersquos and look at the numbers on the rubric if we take out a person or persons because their judgment is impaired how you can come up with so many points to make up the difference between the two and how every single person on that panel is playing some political game I know for a fact that these people are not playing a political game because of the advances they have made It took Dr Chaacutevez with a staff of his choice which I was not in support of originally to get to take us out of failing Wersquove come a long way in a year and a half later What I

learned from that look at it from my perspective I donrsquot care what color you are or what language you speak I want you to be the most qualified and I want to be proud and be able to say that our District truly has the best staff I think that our academic advances are proven fact I invite you to vote based on the criteria and what is fact not what is gossip Itrsquos about how we as Governing Board Members make our decisions Thank yourdquo

Dr Murphy states ldquoMr President in the interest of fairness to the candidate for item 14 may I highlight my packet as I did for the candidate in item 13rdquo Mr Lopez asked him to proceed

Dr Murphy asked everyone to look at the second package in terms of the position of Director of Human resources ldquoThe position of the position was necessitated because Ms Katy Silva our long time Director is retiring This was posted on January 12 2015 and closed on January 23 2015 All candidates were paper screened three candidates did not meet the minimum qualifications because they lacked administrative certification one had not completed a bachelorrsquos degree and another had been non-renewed for a position previously heldrdquo He named the panel that interviewed the remaining two of six candidates and informed the board that ldquothe results of the scoring process were attached on a spreadsheet and shared that the panel recommendation was Mr Nick Radavich as the most qualified candidate for the position of Human Resources Directorrdquo He shared that ldquoMr Radavich has served Cartwright as the Assistant Director for Human Resources since November of 2013 and excellent Principal prior to thatrdquo He informed the Board that Mr Radavichrsquos resume was attached as well as the questions that were posed to the candidates Dr Murphy then stated ldquoIn my forty-five years of experience in education this is absolutely the best qualified candidate for this position Mr Radavichrsquos appointment to this position would keep us from losing significant ground in terms of fighting the battle of recruiting for teachers that we desperately need as we are in competition as never before In the last two years Mr Radavich has worked diligently and completed every request made and it has been done in excellencerdquo In closing he asked the Board as the Assistant Superintendent for Human Resources to consider that ldquoI need Mr Radavich in this position he is the most qualified candidate for the postionrdquo Dr Murphy thanked the Board Mr Lopez thanked him for the presentation and asked if there were any questions

Mrs Cantu stated ldquoI would like Dr Murphy to give us insight regarding the other position as wellrdquo Mr Lopez informed Mrs Cantu that the Board had already voted on that issue and that it would no longer be discussed at this Board Meeting Mrs Cantu thanked Mr Lopez

Mr Gomez stated he would like to make a point for clarification ldquoMrs Hernandez this is eluding to your comment on my political agenda I think that I donrsquot have a political agenda I know I donrsquot have a political agenda You are assuming that I have a political agenda Please donrsquot assume You mentioned possibly running for the legislature I have no thought of running for the legislature You may have plans to run for the legislature but I donrsquot have plans to do so I am enjoying my time here with the Board for the next for years I just wanted to clarify thatrdquo

Mrs Hernandez responded ldquoTo that point when a new member comes in and has not attended more than a few meetings and has not fully engaged in the opportunities for partaking in learning more about the role for which they are about to embark on and they come in with relationships in this community and making recommendations for business opportunities to our board I do question I have to question their political agenda I call it a political agenda only because of the relationships involved Irsquove had conversations with other members on this board where that is the interest and there is a network of Board Members being worked on and developed to exactly access contracts that are privy that are privy to our Board Positions That is why I will reiterate tell me anybody in this community or contractor that Irsquove ever engaged in a conversation with regarding bringing in opportunities for advancement of our District interest Thatrsquos where that comes fromrdquo

Ms Garcia stated ldquoI would just like to comment being a state employee and supervisor I too am familiar with HR issues and when employeersquos come to a Supervisor it is our job to listen That is the perspective I come from Irsquove said this repeatedly the reason these people are coming forward is because something is not right What is not right Well that is open for discussion Wersquove discussed it ever so briefly I want to keep focus on that I am not trying to be difficult I am trying to listen With that I think that is part of our goalrdquo

Mrs Cantu stated ldquoI also want to listen having all the information in front of me I cannot agree with you because you have information that I donrsquot have You mentioned objectivity we have to be objective we have to be transparent and honest regarding the issues If we have not put them on the table for everybody to be informed Irsquom sorry I am going to assume there is personal interest when you make a decision without sharing that information I donrsquot agree with the decision you have maderdquo

Ms Garcia responded ldquoI think thatrsquos why it is so important for us to make an informed decision Is to have the information that has been questioned You are right we donrsquot know We have not opened up the packets We have a lot of information in these packets and in

order to make an informed decision I think itrsquos important that we all have access to thatrdquo

Mrs Hernandez stated ldquoI have listened to the community I think I have exemplified and showed what our goals are in terms of our relationship with the community when issues come forward Irsquove addressed every single one through the protocol through the process we as a board have established At any point we could have changed that We wait till the end either for lack of knowledge I bring that back because that to me is an unacceptable excuse with the exception of Mr Gomez However Mr Gomez has been around he is not necessarily new to this process He has been in the audience observing as far back as when we were failing our schools and we were dealing with that Sometimes logic unfortunately does not make sense because here what is happening is a political decision I think the moment that we understand the gravity of what that entails it means that we start hiring our friends and perhaps as unqualified as I may be Irsquom sorry Irsquove not been as fortunate even in politics I have worked for everything that I have ever earned without the support of the powerhouses because I truly work with my community I cannot tell you I represent any big organization but I care a lot about my kids and what is happening here today and lets be very clear about it Itrsquos political play To the candidates and Irsquom sorry the other candidate has gone thank you for expressing your willingness to work with a great District I fear that with decisions we make as ignorant as they are itrsquos going to take us back to square one Itrsquos taken us many years to attract the qualified expertise to make decisions that took us out of that That was a team that our Superintendent put together contrary to my original belief but I have to refrain they are not here to be my friends I had to make a business decision and it happened to be the right people They have showed me and proven to this community that we have succeeded because of their decision making abilitiesrdquo

Mr Lopez informed all board members ldquoYou are entitled to your opinion and your belief but if you strongly feel that this is a political agenda or political move based on the Board Members I do ask you to give examples show us hard datardquo

Mr Contente Cuomo cautioned the Board ldquoThis is not the correct forum for this level of discussion Mr Contente Cuomo advised the Administration to perhaps place an item on a future agenda regarding this discussion He reminded everyone ldquoif there were no other questions regarding the qualifications for this candidate for this position that a decision does need to be maderdquo

Mr Lopez stated ldquoThis does have to be a vote or a decision to table this item at a future board meeting for proper discussion by the Board

Mrs Hernandez stated ldquoI move that we accept and approve item 14 as presented Mr Lopez stated ldquoYour motion was made previously and second by Board Member Cantu Is there was anymore discussionrdquo

Ms Garcia stated ldquoI am still not comfortable making this decision at this time I disagreerdquo

Mr Lopez stated ldquoSo given the fact that she disagrees I know that we have a motion on the floor that we have to finish that motion After that motion has been made can a second motion can be made to perhaps table this matterrdquo

Mrs Hernandez called for a point of order and reminded the President that a vote has to take place regarding the current motion Mr Lopez responded ldquoI know we have a motion on the floor I understand that we have to take a vote I just had a question to our legal counselrdquo

Mr Contente Cuomo responded ldquoFirst you have to resolve the pending motion and then there can be a secondary correction and actually when the Board does vote on this I would like to ask the Board a question for both items 13 and 14rdquo

Mrs Hernandez responded ldquoI would like to amend my original motion I would like to motion that we table this for another agenda item until we get more informationrdquo

Mr Lopez asked for clarification ldquoSo you are amending your motion to table item 14 to a future board meeting where we can continue legally further discussionrdquo Mrs Hernandez responded ldquoYesrdquo

Mr Lopez asked if there was a second Mrs Cantu seconds the motion Mr Lopez asked for a roll call vote Voting went as follows Yes Mrs Hernandez Mrs Cantu Mr Lopez

No Mr Gomez Ms Garcia Resolution Motion passes

Mr Lopez clarified ldquoThis item will be table for future discussion and will not be decided at this Board Meeting Motion carries and this motion again will be tabled for future discussion and future approval at the next business meetingrdquo

Mr Contente Cuomo addressed the Board and asked ldquoIs there any objection amongst the Board to the Administration placing item 13 which was voted down tonight on a future agenda after having access to the additional information that was not provided to all Board Members and has not been distributed Is there any objection Is that OKrdquo

Mrs Cantu and Ms Garcia responded ldquoYesrdquo

For clarification Mr Contente Cuomo repeated ldquoIrsquom going to take it that the Administration understands they can reintroduce the candidates under 13 once the information and questions that have been raised here tonight have been fully distributed and addressed is that correctrdquo

Ms Garcia and Ms Cantu responded ldquoYesrdquo

Mrs Hernandez responded ldquoIrsquom sorry I did not hear thatrdquo

Mr Contente Cuomo clarified ldquoMy question was and because the intent of the Board at least on item 14 was to table the item for further discussion by vote of three to two My question would be it appears to be the intention of the Board is to review information that has been subsequently provided to it tonight in total distribute that information amongst all board members have a proper review of it and revisit the item on 14 My assumption is that the Board intends to do the same with item 13 So I just wanted to clarify that the Governing Board does not have an objection to the Administration placing item 13 on the next agenda It has not been tabled however itrsquos not prevented from being put on and once the Board has a chance to review all the information obviously they can revisit the item The second question I would have given that there are a few new Board Members and competing concerns here that may implicate legal aspects that need answer Does the Board have objection to individual Board Members contacting legal counsel with questions that they may have or does it prefer to filter those legal questions through the legal conduit of the Superintendent andor Board Presidentrdquo

Mrs Hernandez responded ldquoI would like for us to visit this issue in an open Board Retreat with a presentation by legal expertise and the well respected organization Arizona School Boards Association Similar to what wersquove done beforerdquo Dr Chavez answered ldquoYes Wersquove had several workshops and I believe that ASBA or NSBA would be able to secure someone to educate reeducate and educate again the role of the Governing Board etc so I can make those arrangements and at the next Governing Board Meeting I can give you a set of dates and times to see which is best for the Governing Boardrdquo

Ms Garcia asked Mr Contente Cuomo ldquoBecause we were given information regarding two of the applicants that are competing for these two positions would we be able to see the first two or three applicants that also competed for the same positions since we were given the two that were recommendedrdquo Mr Contente Cuomo responded ldquoYes I donrsquot see any reason why any member of the

Board cannot contact Dr Murphy or Dr Chavez and request to review the full packet of informationrdquo

Ms Garcia states ldquoWhat I would like to know because we are a Board wondering can we have access to that at our next Board Retreat since we will be discussing these items 13 and 14 So that we have complete transparency we see what they sawrdquo

Mr Lopez responded ldquoThatrsquos something that I think has been conveyed through the Board We would like to find the proper way to review all information or anything so that all the Board can have access to the same information prior to making a decision whenever we meet againrdquo

Mrs Hernandez stated ldquoI would like to request that at the next presentation before the new perhaps that we share that agenda as wersquove done before that we have Dr Murphy present regarding that process again so it is clear including the applications and resumersquos for all candidates so we are able to see the qualifications and skills that were represented in their entiretyrdquo Dr Chavez responded ldquoWe would be glad to do thatrdquo

Ms Garcia stated ldquoAlso because I previously had assumed that the employee representation in this case CEA were present during interviews that is not the case correct me if I am wrong Dr Chaacutevez They are only representing only in those that are interviewing for Principal or Assistant Principalrdquo Dr Chaacutevez responded ldquoTypically yes it is Principal and Assistant Principal and sometimes I believe that Directorrsquos and Assistant Directors that CEA is involved in that processrdquo Ms Garcia responded ldquoThey key word here is sometimes so in an effort to be consistent would that be a possibility that they are included at all levels of classified Does that make senserdquo

Mr Contente Cuomo called for a point of order and stated ldquoI think that is an item for future discussion as we are moving a little bit beyond the scope of 13 and 14 But just so I for clarification purposes my understanding is that we are going to be doing legal training regarding the hiring process and the roles of Governing Board Members in that process and that Dr Chaacutevez will head up how that presentation will materialize My understanding is also that the Administration is going to have on the next Agenda both items 13 and 14 Board Members will have the opportunity to review all the information thatrsquos been individually distributed and it will now be fully distributed to everyone As a point of clarification each Board Member can receive the materials for this subsequent discussion prior to the next meeting but the issue becomes if there are out of meeting communications regarding those materials I would caution Board Memberrsquos that if you are going to be reviewing these materials to

keep your conversations internal Do not e-mail each other do not call each other do not text each other do not use a third party to communicate or relay messages to each other Study the materials and hold your questions and thoughts until you convene in a properly noticed meeting

Mr Contente Cuomo states ldquoFinally the other question I have for the Board with regard to these two items 13 and 14 given the level of disparity between the positions of the Board by policy the Superintendent and Governing Board President are the only two that are allowed to directly contact legal counsel It may be in the Boards best interest in this one particular instance only to authorize its other Members to contact legal counsel individually with questions Thatrsquos just a recommendation I am not endorsing any position whatsoever if that is the will of the Board we could address that now making a motion to permit Board Members for the purposes of these two items to contact legal counsel individuallyrdquo

Mr Lopez asked ldquoThat legal counsel would be you correctrdquo Mr Contente Cuomo responded ldquoIt could be me or any other Attorney that is engaged to work with the District This District is a member of the Trustrsquos prepaid legal program so you do have access to any attorneyrsquos that are within that system without having to worry about incurring more legal feersquosrdquo

Mr Gomez asked ldquoAre you the attorney for the District regarding personnel issuesrdquo Mr Contente Cuomo responded ldquoNo Not necessarily I just recently began work with the District I work on a very wide range of issues intergovernmental agreements public records requests concerns personnel issues open meeting law concerns The only aspect of school law I donrsquot directly practice is special education law Other than that every other aspect is within my level of experiencerdquo

Mr Gomez asked ldquoIf we entertained to bring up item or the candidates for 13 seeing as how we donrsquot know what the timeframe may be I would like to entertain a motion to because of various issues of I think for time purposes and so that the school district will not be at a loss with this position I would like to see that Meri Simmons be reinstated to her position and that we go through the process again in a more transparent manner Is that a motion that I am allowed to makerdquo

Mr Contente Cuomo responded ldquoI donrsquot believe so That item is not on the Agenda and currently Ms Simmons is not an employee of the District There is no contractual relationship and it would be akin to revisiting the item the Board just voted onrdquo Mr Gomez thanked Mr Contente Cuomo for his answer

Mr Lopez stated ldquoSo we need to approve the request from our legal counsel as to whether the Board would allow other than the Superintendent and Board President to contact our attorney for legal counsel Is the Board OK and comfortable with that motionrdquo

Mrs Hernandez stated ldquoI donrsquot mind sharing my questions with you and the Superintendent and Irsquom comfortable relating personnel and legal matters with our current representation Irsquove had experience with other before and have been provided with erroneous information Based on my experience I feel very comfortable with our current representation

Dr Chaacutevez stated ldquoWhat I would suggest that we retain Mr Contente Cuomo for these particular items so that we secure his servicesrdquo

Mrs Hernandez stated ldquoBefore we move on I would like to invite us to speak with Attorney Ernesto Calderon regarding Board Development and legal issues as it pertains to ASBA type workshopsrdquo Dr Chaacutevez stated ldquoWhat I would suggest is that our staff look to see who is available as soon as possible to provide workshops based on Boardsmanship etc at this point in time it can be difficult to secure presenters but we will do our best to secure somebody as quickly as possiblerdquo

Mr Contente Cuomo stated ldquoAt this point it seems that the will of the Board is to permit individual Board access outside of the bounds of policy so all I would need to be able to facilitate that is a motion to permit Board Members for the purposes of discussing personnel matters as they relate to these two items 13 and 14rdquo

Mrs Hernandez asked for clarification ldquoI thought when I made the recommendation it was to work through our President and Superintendent with questions so I am not going to be calling you but I will be giving my legal questions to our Board Presidentrdquo

Mr Lopez stated ldquoSo was that a motion tordquo Mrs Hernandez responded ldquoThat is my motionrdquo Mr Lopez asked if there was a second Mrs Cantu seconds the motion

Mr Gomez asked ldquoSo if I have a legal question I would have to go directly through you and our attorneyrsquos is that correctrdquo Mr Lopez responded ldquoThat is correct you can direct your questions to me or Dr Chaacutevez and those questions will be directed to our attorney and will be

responded back to yourdquo Mr Gomez thanked Mr Lopez for the clarification

Mr Lopez reminded everyone that a motion was on the table it had been seconded and asked the Board to vote The vote went as follows Yes Mrs Hernandez Mrs Cantu Mr

Gomez and Mr Lopez No Mrs Garcia Resolution Motion passes

G Other Action Items

H Other InformationDiscussion Items 1 Request(s) for Future Agenda Item(s) as informationdiscussion at a

future meeting

Mrs Hernandez requested that we add two items She asked if we could revisit the signing of Conflict of Interest Forms and Compact regarding the agreement following our Board established ethics and rules

Mrs Cantu asked for a presentation regarding the agreement that was presented to the Board pertaining to the restructuring of the departments not too long ago Mr Alex Sanchezs presentation regarding the restructuring of the Communications Department to the next meeting Dr Chaacutevez let her know that we could bring the presentation of Mr Alex Sanchez to the Board as it relates to the Communications and Community Engagement Department Mrs Cantu thanked him

Mrs Hernandez stated she would also like to review information regarding an evaluation regarding the further development of the Community Relations position that was conducted by Mr Andres Fernandez at the urging of Mrs Martha Garcia former Board Member Dr Chavez informed her that we would look for that evaluation

Ms Garcia requested an update requesting her recommendation to conduct a new Culture amp Climate Study Secondly she asked for Employee representation because some are represented and others are not She asked to have further discussion regarding that request She reiterated that her request is regarding the hiring process as well as when employees have concerns Ms Garcia then stated that in being a State employee for many years she was able to see how expeditiously employee concerns were processed and investigated and stated she would like to see the same here so everyone feels represented

Mrs Hernandez then invited all Board Members to review the CUBE National President Dr Brian Perkins findings and recommendations regarding our last Culture and Climate Study She would like to have this item added to our Human Resources discussion She also invited the

Board to review and shared that in Policy GBK-R the Board Policy that addresses staff grievances and it refers to the open door policy the District has adopted purpose of procedure for employee complaints the process for Teacher complaints party interest reprisals and that all employees shall have representation of their choice during the entire grievance procedure process She stated she would like to review this policy because we have heard and entertained allegations and complaints and she feels this may help everyone understand the process and stop gossip and third party information

Ms Garcia responded ldquoI agree and in a perfect world that would be true but last years experience that was discussed in Executive Session some wrong doings and that showed her that transparency is not where it should be She went on to state that ldquoI was in a room with over thirty people and they had the same complaints of being bullied and unrepresented that would be great if it were true and it really workedrdquo She asked that Mrs Hernandez support the claim that this is needed and there should be consistency with representation across the board

Mrs Hernandez stated ldquoTo that point I myself have been in rooms with past and current staff where parents in our community have shared with me all kinds of stories I asked them all to address it I am not going to ignore that we have a process and that we have Board Policy that governs that I as a Board member responsible for devising Board Policy I am not doing my job and it is unjust for me to turn to them and ask them to come and address the Board in an open public meeting I would rather theres a process established to deal with that Ive always asked that if that doesnt work I want documentation brought here so I can have the ability to say we exhausted all resources There have been instances like that however we have and can revise Board Policyrdquo

I Announcement(s) of future meeting date and other routine information concerning the Governing Board 1 The next Regular Governing Board Meeting with Executive Session will

be held on Wednesday February 25 2015 at 630 pm at the Cartwright School District Board Room - Mr Lopez

Mr Lopez informed the Board of the next Governing Board Meeting with Executive Session would take place on Wednesday February 25 2015 at 630 pm here in the Cartwright School District Board Room

J Call to go into Executive Session 1 Pursuant to ARS 38431-03(A)(5) - Discussion or Consultation with

Governing Board Regarding Meet and Confer Update - Mr Lopez

The Board recessed to Executive Session at 1051 pm

The Board resumed the regular meeting of the Governing Board at 1157 pm

Recommendation to go into Executive Session for discussion or consultation with Governing Board regarding Meet and Confer Update pursuant to ARS 38431-03 (A)(5)

Motion by Denice Garcia Mrs Lydia Hernandez seconds the motion Voting went as follows Yea Pedro Lopez Denice Garcia Lydia

Hernandez John V Gomez Final Resolution Motion Carries

K Resumption of Regular Meeting

L Adjournment 1 Adjournment - Mr Lopez

Recommendation to adjourn the February 11 2015 Governing Board Meeting

Motion by Mrs Hernandez Ms Garcia seconds the motion Voting went as follows Yea Mrs Hernandez Mrs Cantu Mr

Lopez Mr Gomez Ms Garcia

Mrs Hernandez thanked everyone for the great meeting tonight

Mr Lopez adjourned the meeting at 1159 pm

Denice Garcia Vice President

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will not have test scores prior to the new school year starting therefore the Move on When Reading (MOWR) Law has been waived for the 2014-15 school year only Mrs Lopez informed the Board that as a District we would continue to monitor which students are in need of assistance and that summer school would still be offered to those students that do not fair well or are behind Mrs Lopez explained that the test is a fixed test and that all students will see the same test the test supports instructional shifts in ELA and Math and that the writing portion of the test has no multiple choice items instead the test will challenge our students to show their depth of knowledge about a subject She shared that writing rubrics and guides are available on the ADE website and encouraged all Teachers Parents and Students to visit the website frequently as the information could change often Mrs Lopez shared the instructional shifts reflected in the test for ELA balancing informational and literary text building knowledge in the disciplines text based answers or providing evidence in part B of a question writing from sources and academic vocabulary In regards to Math the focus is on major content blueprints in mathematics or focus areas according to grades which will build from grade to grade rigor is a balance between conceptual understanding procedural skills fluency and application Mrs Lopez went to the ADE website and showed the audience where the resources could be found She also demonstrated a sample ELA 8th grade writing question ad a sample 3rd grade Math problem Dr Barrantes then shared how the District is preparing for the test and reminded the board that the District will test our students on electronic devices not pencil and paper He shared that devices were purchased and received AzMERIT training for Teachers had started and he was looking forward to the student portal ADE would be opening up Currently we have 17 schools conducting online stress tests for the assessments and that students are using keyboards for their writing practice assignments In preparing our students for AzMERIT the District will conduct Q3 Galileo Assessments for 3rd 5th amp 7th grade students on the electronic devices Dr Barrantes also explained how AzMERIT differs from AIMS and the advantages of AzMERIT Computer Based Testing He explained that AzMERIT scoring has not yet been determined and that a passing score on the test will mean a student is on track for college or career upon graduation and that AzMERIT scores will have higher expectations for a passing score than AIMS and that the test would allow us to compare ourselves with other states in the nation Dr Barrantes stated that AzMERIT holds schools accountable and ensures students are learning what they should be Teachers are teaching what they should be and schools are providing appropriate supports to students and Teachers Dr Chavez thanked them for the presentation and asked if anyone had questions

Mrs Hernandez shared that she was conflicted about the test but stated she thinks we will like the end results She asked how does the

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Documents

Revised: Notice of Regular Meeting with Executive Session ...cartwright.ss12.sharpschool.com/UserFiles/Servers/Server_764798/F… · Governing Board approved with one *revision February