June 6, 2011

Special meeting

Intel
Javier Baca, executive director of information technologies, introduced Dr. Eileen Lento, the national education director for Intel Corporation, and Patty Colvin, Business Partner, Intel. Dr. Lento works with school districts across the nation and in Latin America. She stressed the importance of professional development and said that the capacity to collaborate is extremely important. She said that SUSD’s model of technology coaches is a great practice, and expressed appreciation for the two-way partnership between the Sunnyside District and Intel. Intel’s K-12 website is a resource for sharing best practices for improving student achievement. Dr. Lento said that out of 15,000 school districts in the nation, SUSD is among an elite number that are implementing 1-1 computing. Intel has been providing a week-long training in SUSD.

Bond counsel
Chief Financial Officer Hector Encinas introduced financial advisor Bryan Lundberg of Stone and Youngberg and bond attorney Michael Cafiso of Greenberg Traurig, LLP. In answer to questions from the Board, Mr. Cafiso said that many districts are taking the approach that the election is critical because of state cuts and that it is appropriate to let the community know the impact if the measures do not pass. Up to the point the election is called for, the district can do anything it feels necessary that’s exploratory to determine if it should go for an election – what needs to be done, outcomes if not done, costs if passed, costs if not passed, what programs would have to be cut. Staff can bring as much information as wanted on those subjects, to decide whether or not to call for an election and what amount to call for. Up to the point the election is called, the district has free rein to hire architects and do surveys.

Once a decision is made to call for an election, a whole new set of standards applies. The Governing Board represents competing interests among its constituents - the district is a political subdivision, and the Board has to act on behalf of all citizens, balancing the right to free speech with protecting the rights of all, including those opposed. Once the election is called, Board members have to step back and allow the process to work.

The advisory committee or another group could constitute itself as a political action committee (PAC). The steps to form a PAC are simple – go to the Pima County Elections Department, fill out forms (assume the PAC will spend more than $500), appoint officers, and take action to support the election. There may be organized opposition.

As individuals, outside of sitting as the Governing Board, Board members can do whatever they want. In the role of Governing Board member, Board members can’t say everyone should get out and vote for the bond, but after the Board meeting, they can do so as much as they like. District resources cannot be used. Board members can go to the PAC and say, “I think you should have a brochure that says this and I’ll help you hand them out.” Once the Board calls for an election, it has to step away as a political body to ensure it protects everybody. After June 28, Board members can speak as individuals. They can go to PTO meetings to speak as private citizens – the Board member would go directly to the PTO, not go through the superintendent. The district can give Board members a list of PTO presidents. A town hall meeting can be held prior to calling for the election, but is a problem after June 28. The PAC can ask to use facilities; the district must give the same treatment to opposition.

The district should not be printing materials in support of the bond. Information has to be content-neutral. The district can’t say a new bond won’t increase taxes.  There is not any legal problem – just need to make sure materials are content-neutral. Materials would be more problematic after election called. It is important to encourage everyone to vote.

The district can conduct polls and surveys to ask community members if they would support the election. The district could provide the information to the PAC; it would have to share the info with opposition equally. After June 28, the district can provide information that was produced prior to June 28. If the PAC came to the district and asked for factual info, the district could provide it as long as it’s content-neutral.

It is appropriate to talk about the PAC before the election is called for; in fact, the attorney encourages it. The district should be willing to supply information to anyone who asks for it, whether they are pro or con. The attorney has never seen an election invalidated because of issues discussed here.

Board members  cannot prepare pro statements as a board. They can submit statements as individuals.
Board members can have discussions at Board meetings on agenda items related to the election after the election is called for, as long as it’s fact-based.

The district will need to meet with County Elections Department regarding the possibility of an all-mail election. There are different wordings for the resolution, how ballots are handled.

Materials can be produced and distributed at a town hall, but the attorney would like to review them in advance.

Study session
A study session on Tuesday, June 14 will start at 6:30 p.m.; the regular meeting will follow.

Executive session
The Governing Board authorized an additional one-time $500 payment to be made to each teacher, to be paid in August 2011. The payment does not apply to substitute teachers and is proportionate based on full-time equivalency and number of days in the contract. The Board also authorized the reissuance of contracts, to reference the change.