Update on Fair Political Practices Commission Complaint‏

Dear Community Members:

As many of you know, a complaint was submitted to the Fair Political Practices Commission concerning the issues that were raised in June about the PARS retirement plan. Unfortunately, there was a technical problem with the filed complaint (the incorrect Government Code Section was referenced) and it will have to be resubmitted.

Rest assured, we will resubmit it next week and this error will not in any way impact our position. Please also know that the FPPC has NOT reviewed or considered the substance of this matter yet and, contrary to an e-mail that is being circulated on this point, the SHUSD school board has NOT been exonerated.

Citizens for Quality Education

Robert Haley Superintendent Employment Contract 2009

[converted into a word document for purposes of posting on this site. Please send an e-mail to
citizens4qualityed@gmail.com for a .pdf copy of the signed agreement]

I. CONTRACT OF EMPLOYMENT
This Contract of Employment is entered into by the SAINT HELENA UNIFIED
SCHOOL DISTRICT (“District”) BOARD OF TRUSTEES (“Board”) and Dr. Robert A.
Haley (“Superintendent”).

1. Term
A. The Board, pursuant to its action duly taken on May 14, 2009 and
recorded in its official records of proceedings, ratifies its decision to
employ Dr. Robert A. Haley to serve as Superintendent for a term of 24
months that begins on July 1, 2009 and ends on June 30, 2011.

B. Following receipt of a satisfactory evaluation, as defined herein, or in the absence of an evaluation, by August 30 of each year, an additional year shall be added to the term of employment. Superintendent shall provide written notice to each Board member of the August 30 deadline no later than the preceding June 30. If he fails to provide such notice, this provision is null and void for the year in question.

2. Salary.
A. The Board agrees to pay, and Superintendent agrees to accept an annual salary of $l89,000. The salary is to be paid in 12 equal installments, each installment to be paid on or about the last day of each calendar month during the term of this Contract.

B. Following receipt of a satisfactory annual evaluation by the Board, or in the absence of an evaluation, the Superintendent shall receive without further action of the Board in each fiscal year thereafter the same raise in salary as that received by the teachers of the District.

C. Based upon performance by the Superintendent, the salary of the Superintendent may be changed by mutual consent of the parties hereto for the remaining period during the term of this Contract. Such a change in salary shall not constitute the creation of a new contract nor extend the termination date of the Contract unless so stipulated.

3. Work Year.
A. The Superintendent shall be required to render 220 duty days per year of full and regular service to the District during the term of this contract. Non-duty days shall be scheduled by the Superintendent so as to avoid, as much as reasonably possible, disruption of his duties.

B. The Superintendent shall submit his annual work-year calendar to the Board President by August 1 of each year of this contract. The Superintendent may alter the calendar upon at least 15 working days prior notice to the Board, except in case of emergency.

4. Fringe Benefits.
A. Superintendent shall be eligible for benefits at the level accorded to certificated employees of the District.

B. Superintendent shall receive an allowance of $500 per month to compensate him for all use of his personal automobile in the performance of District business while in Napa County. He is eligible for mileage reimbursement for travel on District business outside of Napa County. In addition, he will be reimbursed for actual and necessary travel expenses incurred in the performance of his duties. To obtain reimbursement, he shall submit documentation pursuant to the requirements of Board Policy applicable to all District employees.

C. The Board shall pay the Superintendent’s annual dues for membership in appropriate national, state, and local organizations and the Superintendent’s attendance at meetings of these organizations. The Superintendent shall give prior notice to the Board when he attends a function outside of the State.

5. Expenses.
A. The Superintendent shall receive an additional amount of $10,000 for expenses related to conducting District business to be paid on payroll.

B. The District shall reimburse the Superintendent for actual and necessary expenses, incurred by the Superintendent within the scope of employment, for conference fees, travel and lodging or these may be paid directly by the District. All other expenses of this type shall be bone by the Superintendent.

6. Duties.
A. The Superintendent agrees to perform at the highest professional level of competence, the services, duties and obligations required by this contract, the laws of this State, and the rules, regulations and policies of the Governing Board.

B. Superintendent shall give his exclusive professional services to the District during the period of time such services are to be rendered to the District except as otherwise provided herein.

C. Superintendent shall serve as the chief executive officer of the District and administer the instruction services, business affairs, personnel, and property management with the assistance of the employee staff of the District, which shall include, but not be limited to, the nomination for employment and the assignment of all employees in accordance with the laws of the State of California and the appropriate rules and regulations of said State agencies and those of the Board of the District.

D. The Superintendent is directly responsible to the District Board of Trustees. It is his responsibility to facilitate communication and information among the administrators, the Board, staff parents and community, and set a positive tone for the District.

E. The Board encourages the Superintendent to maintain and improve his professional competence by all available means including subscription to and reading of professional journals, membership in professional organizations, attendance at professional meetings, and other continuing education activities.

F. The Board encourages the Superintendent to attend workshops and
conferences put on by the Small School Districts Association, attend the
Association of California School Administrators Superintendents’
Symposium and conferences of the Northern California Superintendents’
Association.

7. Physical Examination
A. Superintendent shall have a comprehensive medical examination at least once every two (2) years from the initial date of employment with the School District, unless otherwise authorized or directed by the Governing Board. Said examination shall be conducted by a licensed physician designated by the Governing Board. Any report of the medical examination shall be given directly and exclusively to the Superintendent. Upon request by Board President, said examination will be provided to the Board.

8. Evaluation.
A. Not later than September 1 of each year, Superintendent and Board shall meet to develop goals, objectives and priorities for the Superintendent for the coming school year. On a quarterly basis, the Board and Superintendent will meet to review the Superintendent’s progress. The Board will formally evaluate the performance of the Superintendent and his working relationship with the Board in writing not later than August 30 of each year. Superintendent shall provide written notice to each Board
member of the August 30 deadline no later than the preceding June 30. Failure to meet these deadlines shall not invalidate an evaluation.

B. All written evaluations shall be delivered to the Superintendent and a copy of the evaluation, along with any written comments from the Superintendent, shall be placed in the Superintendent’s personnel file in a sealed envelope marked, “Confidential: To Be Opened by Authorized Personnel Only.”

9. Limitation on Payments at Termination
A. Pursuant to Government Code Section 53260, in the event of termination of this Contract for any reason, no cash settlement may be made in an amount which exceeds the salary remaining under the contract or salary for 18 months, whichever is less. This amount shall not be construed as a guarantee or minimum entitlement.

B. Pursuant to Government Code Section 53261, in the event of termination of this Contract for any reason, no non-cash benefit may be conferred in settlement except for employer-paid health benefits which may be provided for a period not to exceed the monthly period by which any cash settlement is measured. In any event, employer-paid health benefits shall be discontinued if and when the employee obtains other employment before the measuring period has expired.

10. Governing Law.
A. This Contract is made subject to the laws of the State of California, the lawful rules and regulations of the agencies of the State and those of the District, all of which said laws, rules, and regulations are by reference hereto incorporated herein as if set forth in full.

11. Entire Contract
A. This Contract contains the entire Contract and understanding between the parties. There are no oral understandings, terms or conditions, and neither party has relied upon representations, express or implied contained in this Contract. This Contract can be changed or modified only by a written document signed by both parties.

12. Ratification
A. The Superintendent and the Governing Board agree that this Contract is not binding or enforceable unless it is ratified by the Governing Board at a meeting of the Governing Board.


/s/ Robert A. Haley /s/ Ines DeLuna
DR. ROBERT A. HALEY, Superintendent FOR THE BOARD OF TRUSTEES
Date: 5/14/09 Date: 5/14/09

Ratified in an open session of the Board of Trustees on: 5/14/09

Allan Gordon Superintendant Employment Contract

[converted into a word document for purposes of posting on this site. Please send an e-mail to
citizens4qualityed@gmail.com for a .pdf copy of the signed agreement]


EMPLOYMENT AGREEMENT
Superintendent

THIS AGREEMENT is made this November 16, 2006, by and between the
Governing Board of the Saint Helena Unified School District (“District’ or “Board”) and Allan E. Gordon (“Superintendent”), hereinafter “Superintendent.”

1.Term. The parties hereto agree that the Employment Agreement between the District and the Superintendent, dated February 14, 2006 and effective for the term of July 1, 2005 through June 30, 2009 is hereby terminated and the Superintendent is reelected for a new term commencing July 1, 2006 and ending June 30, 2010, subject to the terms and conditions set forth below.
The Superintendent shall be required to render 220 “duty days” per year of full and regular services to the District during the terms of this Agreement. Non-duty days shall be scheduled by the Superintendent so as to avoid, as much as reasonably possible, disruption of his or her duties. Reasonable sick time is allowed and it is considered reasonable not to exceed twelve (12) duty days per year. The Board wilt need to be notified if unusual circumstances occur.

2.Salary. The Superintendent’s annual salary shall be $235,058 per year payable in twelve (12) equal monthly payments,. The Superintendent shall receive without further action of the Board in each fiscal year hereunder the same raise in salary (reflected as a percentage cost of living adjustment or other type of payment) as that received by the teachers of the District. The Board reserves the right to increase the Superintendent’s salary for any year or any portion of a year of this contract with the mutual written consent of the Superintendent and the Board. Such a change in salary shall not constitute the creation of a new contract nor extend the termination date of the Agreement.

3.Fringe Benefits
a. Health. The Superintendent shall be entitied to purchase, at his own expense, any or all of the health, dental, vision benefits as are provided to other certificated employees of the District. The Superintendent may have his payments for any such benefits deducted from his salary pursuant to the District’s IRC 125 Plan.
b. Term Life Insurance Policy. The Superintendent shall purchase a term life insurance policy in which the District shall be named as co-beneficiary up to the amount of $25,000.
c. Expense Reimbursement. The District shall reimburse the Superintendent for actual and necessary expenses, incurred by the Superintendent within the scope of his employment, for conference, travel, lodging and dues (md. ASCA) or these may be paid directly by the District. All other expenses of this type shall be borne by the Superintendent.
d. Mileage Reimbursement. The District shall reimburse the Superintendent for mileage incurred for work related travel at the rate established by Board policy.

4. Superintendent’s Duties
a. General Duties The Superintendent is employed as a District Superintendent and shall perform the duties of District Superintendent as prescribed by the laws of the State of California and the District’s job description for the Superintendent, if any. The Superintendent shall have primary responsibility for execution of Board policy and responsibility for the duties prescribed by Education Code Section 35035. The Superintendent shall be the Board’s chief executive officer.
b. Personnel Matters The Superintendent shall have primary responsibility in making recommendations to the Board regarding all personnel matters, including selection, assignment and transfer and dismissal of employees.
c. Administrative Functions The Superintendent as chief executive officer, shall: (1) review all policies adopted by the Board and make appropriate recommendations to the Board; (2) periodically evaluate or cause to be evaluated all District employees; (3) advise the Board of sources of funds that might be available to implement present or contemplated District programs; (4) assume responsibility for those duties specified in Education Code section 35035; (5) endeavor to maintain and improve his or her professional competence by all available means, including subscription to and reading of appropriate periodicals and membership in appropriate professional associations; (6) establish and maintain positive community, staff and Board relations; (7) serve as liaison to the Board with respect to all matters of employer-employee relations and make recommendations to the Board concerning those matters; (8) recommend to the Board District goals and objectives; (9) unless unavoidably detained, attend all regular, special and executive session meetings of the Board.
d. Professional Meeting The Superintendent is expected to attend appropriate professional meetings at local, state and national levels and to periodically report to the Board his appraisal of such meetings. The Superintendent shall give proir notice to the Board when he attends a function outside of the County.

5. Outside Professional Activities By prior approval of the Board, the Superintendent may undertake for consideration outside professional activities, including, but not limited to, consulting, speaking and writing, so long as such outside professional activities do not, in the Board’s sole judgment, interfere with the Superintendent’s performance of his or her duties. The Superintendent’s outside professional activities shall not occur during work hours. In no event will the Board be responsible for any expenses attendant to the performance of such outside activities.

6. Evaluation The Board may evaluate and discuss the performance of the Superintendent at any time during the term of this Agreement, and provide a written evaluation report to the Superintendent at least once a year. If the Board determines that the performance of the Superintendent is unsatisfactory, the Board shall communicate, its evaluation to the Superintendent. All written evaluations shall be delivered to the Superintendent and a copy of the evaluation shall be placed in the Superintendent’s personnel file. The Superintendent’s written comments shall be filed with the evaluation in a sealed envelope in the Superintendent’s personnel file and marked as “Confidential: To be Opened by Authorized Personnel Only.”
The Board shall, if requested by the Superintendent, meet and discuss the contents of the evaluation with the Superintendent within a reasonable time after the Superintendent has heard or received the evaluation. Evaluations of the Superintendent shall only be discussed in closed session.

7. Physical Examination: The Superintendent shall undergo a physical examination at least once every other year to determine his ability to perform his duties, The report of the physical examination shall be given directly to the Superintendent; however, the examining physician shall advise the Board in writing of the Superintendent’s continued physical fitness to perform the duties of Superintendent. The costs of the physical examination shall be paid by the District unless such costs are covered by an applicable health insurance plan.

8 Termination of Contract
a. Mutual Consent This Agreement may be terminated at any time by mutual consent of the Board and the Superintendent upon thirty (30) days prior written notice provided to the other party.
b. Nonrenewal of Agreement by the District The Governing Board may elect not to renew this Agreement for any reason by providing the Superintendent with forty-five (45) days written notice prior to the expiration of this Agreement, in accordance with Education Code section 35031. The Superintendent shall inform each member of the Board of this notice requirement on or before March 1 of the year in question.
c. Termination as Superintendent for Cause. The Superintendent’s employment and all of the Superintendent’s rights under this Agreement may be terminated by the Board at any time for, but not limited to, breach of contract; any ground enumerated in the Education Code; or the Superintendent’s failure to perform his or her responsibilities as set forth in the Agreement, as defined by law, or as specified in the Superintendent’s job description, if any. The Board shall not terminate this Agreement pursuant to this paragraph (c) until a written statement of the grounds of termination has first been served upon the Superintendent. The Superintendent shall then be entitled to a conference with the Board at which time the Superintendent shall be given a reasonable opportunity to address the Board’s concerns. The Superintendent shall have the right to have a representative of his or her choice at the conference with the Board. The conference with the Board shall be the Superintendent’s exclusive right to any hearing otherwise required by law.
d. Early Termination. The Board unilaterally and without cause may terminate this Agreement and the Superintendent’s employment by providing the Superintendent a minimum of forty-five (45) days notice of termination. In consideration of the Board’s right to terminate this Agreement without cause, the District shall pay to the Superintendent his or her then current salary for the remainder of the term of this Agreement or for a period of twelve (12) calendar months following the effective date of termination, whichever is less.
9. General Provisions
a. Governing Law and Venues This Agreement, and the rights and obligations of the parties, shall be governed by and construed in accordance with the laws of the State of California. The parties also agree that in the event of litigation venue shall be the proper state or federal court located in Napa County, California.
b. Entire Agreement This Agreement contains the entire agreement and understanding between the parties. There are no oral understandings, terms or conditions, and neither party has relied upon any representation express or implied, not contained in this Agreement.
c. No Assignment The Superintendent may not assign or transfer any rights granted or obligations assumed under this Agreement.
e. Modification This Agreement cannot be changed or supplemented orally. It may be modified or superseded only by a written instrument executed by both of the parties.
f. Severability If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement shall continue in full force and effect.

/s/ Monty Reedy
President, Board of Trustees
Saint Helena Unified School District
Napa County, California

ACCEPTANCE OF OFFER
I accept the above offer of employment and the terms and conditions thereof and will report for duty as directed above.

I have not entered into a contract of employment with the Governing Board of another school district or any other employer that will in any way conflict with the
terms of this employment agreement.

I hold legal and valid administrative and teaching credentials, each of which is or will be recorded in the Office of the Superintendent of Schools of Napa County before receipt of my first payroll warrant, and I agree to maintain valid and appropriate credentials to act as Superintendent throughout the life of this Agreement. I further certify that I meet the qualifications of Education Code section 35028 and that I have read the entire offer of employment.

/s/ Allan E. Gordon
Dated: 12/1/06

Signature Gathering Retains Momentum

RECALL SIGNATURE UPDATE!

We are pleased to announce that we are on track to meet out signature goals for the month. Thank you to all of our supporters.

It is clear that our community is truly interested in the positive changes we want to bring to our school district!

Keep up the good work everyone!

YES ON RECALL

The Recall Is Going Strong

Dear Community Members:

As recall supporters have ventured out into our neighborhoods to gather signatures on petitions, they’ve been greeted by friends, neighbors, and acquaintances who are concerned about what’s going on with our school district and are sincerely interested in making a change. The recall effort seems to have united many people who may have otherwise never had the opportunity to talk with and really get to know each other. For this, we’re truly thankful.

There is no doubt that the recall is now going strong. At this early stage, hundreds of signatures have been collected, with almost all of the signers asking to sign all four petitions. Some signers have also taken this opportunity to register to vote. Signature gatherers are taking every precaution to ensure that the signatures they collect are valid and that confidentiality is preserved. They‘re also taking the time to really talk about the issues with people.

Recall organizers made the decision early on that public celebrations, such as Cheers! St. Helena, would not be used as political forums and that we wouldn’t actively gather signatures during those events. Those of us who attended the July 3^rd Cheers! were nonetheless greeted with words of support and were asked if we had petitions with us that people could sign.

The community is now more engaged in what is happening with our schools. Great schools need active community support. The recall is bringing about positive change by involving our entire community in the dialogue regarding how our schools are managed and financed.

We’re extremely thankful that this process has given us the opportunity to bear witness to how strong and dedicated this community truly is. There is an excitement in the air as people in our community band together to stand up for change; change for the better.

Petition Confidentiality

Dear Community Members:

During a regular election, if a candidate questions the validity of the election results, that candidate can inspect the ballots because they are public records. Who can forget the hanging chads in 2000? (Note: Although the ballots can be inspected, they CANNOT be traced back to the voter. This is one of our most fundamental rights.)

The process is different, however, in a recall. Because of the sensitive nature of a recall, the recall petitions are strictly confidential. The only people that will ever be able to see the petitions are the people organizing and submitting the recall petitions (the recall proponents), our registrar of voters, John Tuteur, and his staff. No one connected with the school board or the school district will have access to the petitions. Ever.

Specifically, Government Code §6253.5 provides that the recall petitions: “shall not be deemed to be public records and shall not be
open to inspection except by the public officer or public employees who have the duty of receiving, examining or preserving the petitions.”

John Tuteur has confirmed this information and if you continue to have concerns, you may contact him directly. Mr. Tuteur can be reached at 253-4459 or jtuteur@co.napa.ca.us.

YES ON RECALL

Citizens For Quality Education

Informational Meeting & Group Canvassing This Saturday

The Citizens For Quality Education will be holding an informational meeting this Saturday, July 18th, beginning at 9am in Jacob Meily Park. This will be an opportunity for community members to ask questions, get clarifications to things you may be hearing around town and to sign petitions.
At 10 am, the group will head out to canvass for signatures. All are welcome to attend!
Thank you for your support and for your voice for choice.

Important Reminders As You Gather Signatures

A few important reminders for those of you gathering signatures on petitions:

· The signer must personally complete all of the information on the petition. (For example, the circulator cannot complete the zip code, city, or any other part of the petition for the signer.)

· The printed name and residence of the signer must be legible and must match the voter records. (If a signer has recently moved, have them complete a new voter registration card.)

· The signature of the signer must match the voter records. (The registrar may check certain aspects of the signature to assure that it has been signed by the registered voter).

· If a signer is not certain how they registered, they should include more information, rather than less. (For example, if the signer is not certain if he is registered as Bob Smith, Bob E. Smith or Bob Earl Smith, have him print and sign as Bob Earl Smith.)

· For signers that are registering to vote, for their signatures to be valid, the registration date (which is located next to the voter signature) must be within the range of dates on the petition that he/she signed. (Have them sign and date the registration card when they sign the petition!)

· Every part of the circulation declaration must be completed and signed by the circulator.

· Only one circulator for each petition.

Accuracy is important! We want each and every signature to count!

YES ON RECALL

Summary of Special PARS Board Meeting

We know that many of you attended or watched the SHUSD's Special Board Meeting on Monday night. For those of you that were unable to attend or view the meeting, we thought that we would provide our perspective on what happened at that meeting.

To summarize, the PARS memo that was delivered to the Board on June 18th raised three major concerns about the PARS retirement plan that awarded approximately $327,000 in benefits to Allan Gordon and Jim Zoll:

1) The Board neither publicly disclosed nor properly authorized the inclusion of Gordon and Zoll into the PARS plan. The Board only discussed providing this plan to 6 teachers. This is a potential Brown Act violation in that the Board failed to notify the public that it would be addressing these issues, and therefore failed to give members of the community an opportunity to comment on them as well.

2) The Board failed to provide an accurate analysis of the cost of adding Gordon and Zoll to the plan. The inclusion of Gordon and Zoll actually decreased the total savings to the district by approximately $80,000.

3) Most importantly, Gordon was very much involved in the planning, negotiation, and execution of the PARS retirement plan that ultimately awarded him approximately $180,000. He should not have been involved in any way in the planning or signing of this agreement, since he would financially benefit from this plan. This conflict of interest is prohibited by California Government Code Section 1090, and any contract made in violation of such section is VOID.

On Monday night, the Board took the following actions related to the above points.

1) The Board corrected any prior missteps related to the Brown Act by listing all of the pertinent PARS plan documents on the agenda, allowing the public to comment, and officially approving the inclusion of Gordon and Zoll into the plan. The Board did this under the guise that they had only recently received some of these documents. The Board never admitted that they violated the Brown Act, despite the fact that they actually had many of these documents months ago.

2) The Board continued to argue that the PARS plan as a whole will provide a cost-savings to the district (this has never been in dispute) and that providing Gordon with the PARS plan was a reasonable way to compensate Gordon for the consulting services he will provide after retirement (the Board previously stated that such consulting services were to be provided to the district FOR FREE). The Board's attorney also made several inconsistent statements, such as that a cost savings is not necessary for the Board to implement the PARS plan.

3) Most disturbing was that THE BOARD MADE NO COMMENT WHATSOEVER REGARDING THE CONFLICT OF INTEREST ISSUE. The Board completely disregarded the grave concerns expressed by several community members during the meeting.

Although the actions taken by the Board were not surprising, they are nonetheless disappointing. While Cynthia Lane's comments during the meeting would have everyone think otherwise, the Board did have alternatives.

What is next for those of us who continue to be concerned about this issue and the Board's disregard for the public interest? We will continue to pursue the conflict of interest matter with the District Attorney, the Fair Political Practices Commission, the Grand Jury, and any other organization that may have jurisdiction. Although it is extremely difficult to entertain the idea of commencing litigation against the district, it is also very difficult to watch $350,000 walk out of our classrooms and land in the pockets of retired administrators.

To learn more about the PARS issue and the RECALL, please review the archives of our blog and as always, please feel free to email us at citizens4qualityed@gmail.com

YES ON RECALL