MINUTES OF THE SPECIAL MEETING

OF THE GOVERNING BOARD

SCOTTSDALE SCHOOL DISTRICT NO. 48

 

April 8, 2004

 

A Special Meeting of the Governing Board of the Scottsdale Unified School District, #48, Maricopa County, was called to order at 5:00 PM, at the Scottsdale School District Education Center Board Room, 3811 North 44th Street, Phoenix, Arizona. 

 

Board Members in attendance were Sandra Zapien-Ferrero, President; Karen Beckvar, Clerk; Shari Avianantos; Joel S. Feldman; and Christine M. Schild.  Attorney for the District, Don Peters, Miller, LaSota & Peters, was also present.  A quorum was present.

 

President Zapien-Ferrero, in a statement regarding the draft of a contract for a Superintendent of Scottsdale Unified School District that she presented to the Board Members, stated, “based on the interview process that we engaged in to find a superintendent and some of the comments from the community, as well as some of the comments in our discussions, I clearly thought that there was one candidate that came across at the top because of the connection as far as the State Legislature is concerned.  We have a candidate that was clearly very well networked in the State Legislature, in the State, and was very knowledgeable about the State, very knowledgeable about our needs in Scottsdale and that is why I wanted to present this draft to you today, and I worked with one of our attorneys to do so.  I know that any decisions that we make always have to be made in open session.  I want to let everybody know now that we did not make any decisions prior to this; but we had a very good dialogue and we really considered what everyone had to say, the employee groups, the District leadership team, as well as the parent groups and the public comments from our Forums.  I worked with our attorney to work up a draft agreement that was amenable to both the District and the candidate.  The candidate is Dr. John Baracy.” 

 

Mrs. Schild moved that we offer the Superintendent’s position to Dr. John Baracy and that we approve the proposed employment agreement with Dr. Baracy.  Mrs. Avianantos seconded the motion.

 

Board Members thanked all the applicants, especially the six finalists who interviewed with the Governing Board and the leadership team, and attended two public forums.  Board Members also thanked staff and members of the community for their participation. 

 

Mr. Feldman stated he would like a few minutes to review the draft of the contract that he just received, and to consult with the District’s attorney, Mr. Peters, on some of the points of the contract.  Ms. Beckvar stated that she also had a few questions regarding the contract.

 

President Zapien-Ferrero called for a vote on the current motion on the floor.  The motion failed with a vote of 0 – 5.

 

Mrs. Schild moved that “we offer the Superintendent’s position to Dr. John Baracy, pending approval of the contract.”  Mr. Feldman seconded the motion. 

 

The motion was approved with a vote of 5 – 0.

 

President Zapien-Ferrero asked Mr. Peters if the Board would need to hold an Executive Session to review the contract for Dr. Baracy.  Mr. Peters, in providing some background information on the process, stated that the process had moved pretty quickly, and that at the direction of the Board President, he contacted the candidate through his attorney to see whether there was substantial agreement, or possible agreement on terms; all of it contingent on the Board’s approval, and we did not know, but we tried to find out whether there appeared to be common ground.  Mr. Peters also stated that the Board could post for an Executive Session.  Mr. Feldman stated that he would just like 15 minutes to review the contract.

 

At 5:15 PM, Mrs. Zapien-Ferrero recessed the Special Meeting for 15 minutes. 

 

At 5:33 PM, the Special Meeting reconvened. 

 

 

 

Mr. Feldman moved that “we proceed to execute this contract with Dr. Baracy and that the Board approve the contract as is, with one modification that Attorney Peters will attempt to negotiate with Dr. Baracy, and if he negotiates it in a way that is agreeable to the District,” Mr. Feldman further moves that “the Board approve the contract.”  The modification is in the provision for an automobile, wherein the District would provide the Superintendent with a monthly dollar amount for his car and that the District would also pay for fuel, maintenance, upkeep, insurance, etc.  Mr. Feldman proposes that, “similar to Dr. Erwin’s contract, that the District approve $600 a month for car allowance and out of that $600, the Superintendent pays everything that is related to his car.”  Mrs. Schild seconded the motion.

 

Ms. Beckvar moved to amend Mr. Feldman’s motion, by including the phrase, “as approved by DISTRICT in the annual budget,” at the end of the Employment Contract Item 6 G. Travel and Other Expenses.  Mrs. Schild seconded the motion.

 

The amendment was approved with a vote of 5 – 0.

 

President Zapien-Ferrero called for a vote on the main motion.  The motion, as amended, was approved with a vote of 5 – 0. 

 

Mrs. Avianantos moved to convene in Executive Session for:

 

Discussion/consultation/advice with the attorneys for the Board to consider the Board’s position, and instruct its attorneys regarding that position, in pending or contemplated litigation, or in settlement discussions conducted in order to avoid or resolve litigation concerning a pending Claim by Christine Schild, pursuant to A.R.S38-431.03(A)(3)(4), and pursuant to Article 4.2 of the Agreement between the Arizona School Risk Retention Trust, Inc. and SUSD.

 

Ms. Beckvar seconded the motion.

 

At 6:35 PM, the Special Meeting reconvened.

 

Mrs. Schild moved to adjourn the Special Meeting.  Ms. Beckvar seconded the motion.

 

The motion was approved with a vote of 5 – 0.

 

Dated this 8th day of April 2004.

 

The Governing Board of the Scottsdale Unified School District #48

 

 

 

 

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Sandra Zapien-Ferrero, President

 

 

 

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Karen Beckvar, Clerk

 

 

 

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Shari Avianantos

 

 

 

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Joel S. Feldman

 

 

 

__________________________________

Christine M. Schild

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Statement by President Zapien-Ferrero

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Motion #142

Offer Superintendent Position to Dr. John Baracy

 

 

 

 

 

 

 

 

 

 

 

Motion Fails

 

Motion #143

Offer Superintendent Position to Dr. John Baracy Pending Approval of Contract

 

 

Statement from Attorney for the District

 

 

 

 

 

 

 

Special Meeting Recesses

 

Special Meeting Reconvenes

 

 

Motion #144

Approval of Contract with a Modification

 

 

 

 

 

 

 

 

Motion #145

Amendment

 

 

 

 

 

 

 

 

Motion #146

Convene in Executive Session

 

 

 

 

 

 

 

 

 

Special Meeting Reconvenes

 

Motion #147

Adjournment