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MARS Board Meeting MinutesOctober 7, 20081. Welcome and Introductions Maureen Marshal, President of MARS, opened the meeting at 10:03am by welcoming all those present. Those in attendance introduced themselves including the District they serve: Cliff Fountain, Tony Polito, Cherly Duval, Barbara Ripa, Bruce Kaiser, Rick Gross, Mindy Kempner, Mike Zapantis, Joseph Scanlon, David Papagni, Mary Jo Nawrocki, Judith Klimkiewicz, John Columbus, Maureen Marshall, Lynn Ryuan, Michael Fitzpatrick, Luis Lopes, Barbara Zenzoni, Jim Lynch, Leslie Lesparance, Jackie Frobes, Joe Ciccolo, David Proule, Helen Vivian, Stephen Hemman 2. Approve Minutes of September 9, 2008 The Minutes were presented to the Board. It was noted that the meeting was ended before the agenda was finished. The Executive Director stated that those items were placed on the agenda for this meeting and suggested that the minutes be approved. They were so approved. 3. Complete Bylaws-update a. Purpose The Executive Director presented the Board with the updated Bylaws. At the September meeting it was voted to add that school committee members, superintendents and business officials are part of MARS. Wording was presented and after discussion the following was agreed to be presented as a change in the Bylaws at the Annual Meeting: The purpose of the Association shall be to provide for a closer cooperation among and effective communications between all administrators and school committees of the regional school districts in the Commonwealth. It shall also be the purpose of the Association to study the problems of regional school districts and to seek the best solutions thereto. The representative members of the Association being School Committee, Superintendent, and business officials strive to work closely together so that the regional schools will provide students with a quality education.
b. Voting at Board of Directors meetings Formal votes Consensus votes At the last Board meeting there were questions on how voting would take place at the Board Meetings. The Executive Director presented the following: MARS has by tradition had Board meeting once a month. These have been open to all members to attend. The question was asked: who votes on items brought forward? The concern was if a member makes the effort to attend, do they have a vote? At the Board meetings in the past when votes have been taken, it has been by consensus.
A suggestion concerning votes: after discussion on an item has taken place, the President asks for a consensus vote by members present. If the members
present vote is overwhelming in favor, yes or no, then that would be direction the Association would take. If the vote was split, that is not a consensus, then only the members of the Board of Directors would take the official vote for the Association.
After discussion, it was decide to have wording in the Bylaws concerning voting at meetings. The Executive Director suggested the following be presented at the Annual Meeting: Board of Director’s Meetings- after discussion on an item has taken place, the President may ask for a consensus vote by members of the Association present. If the vote of those members present is overwhelming in favor of yes or no, then that vote would be direction the Association would take. If the vote was split, that is not a consensus, then only the members of the Board of Directors would take the official vote for the Association.
4. Annual Meeting—November 18,2008 a. Voting Updated Bylaws Discussion took concerning the updated Bylaws. By consensus it was decided that the updated Bylaws would presented at the Annual Meeting to include all items presentrd at the Board of Directors meetings. b. Effective date for Bylaws By consensus it was decided that the new Bylaws would become effective on July 1, 2009. c. Elections of Officers and Board of Directors-process Present Officers and Board members—eligible for elections Nominating process Election process The Executive Director presented the following to the Board as requested from the last meeting: Officers under the current Bylaws serve for two years and with a limit of two consecutive terms. Under the new proposed Bylaws officers would serve 3 years with a limit of two consecutive terms. Directors under the current Bylaws serve for two years with limit of two consecutive terms. Under the new proposed Bylaws, Directors would serve 3 years with 4 being two years, 5 being three years initially and thereafter three year terms. They would also have a two consecutive term limit. Suggestion: at the Annual meeting in November, the same Officers and Board members stay in place until the next annual meeting which could be in June. The updated Bylaws take effect July 1, 2009. Another effective date could be chosen. Nominating and election process The updated proposed Bylaws state that the President would appoint a nominating committee (committee of three). They would be responsible for presenting a slate of proposed candidates for the officers and directors whose terms expire. This slate would be sent out to the membership 60 days before the Annual Meeting. The membership could nominate other members for the positions by returning a nomination 30 days before the annual meeting. At the Annual meeting, the membership would vote. If there was a contest, then a ballot vote would be taken as stated in the Bylaws. The Board will recommend at the Annual Meeting that the current officers remain in place with the election of two Business Officials. The Executive Director will send out a notice for any interested School Business Officials to send in his/her name as being interested in being on the Board of Directors. d. Voting members- It was stated that each District has two voting members and will be asked to send those names to the Executive Director. e. Liaisons—MASS, MASC, MAVA, MASBO Discussion took place concerning liaison to the other organizations. It was decided to discuss this at the next meeting. 5. Status of 2008-2009 Budget Audit the books for 2007-2008 The Board was presented with the Budget update. It was pointed out that the Bylaws require an audit of the Association’s books for the 2007-2008 year. After discussion, Bruce Kaizer, Business Administrator at Old Colony, would do the audit. The Executive Director will make the arrangements with the treasurer to do the audit. 6. Status of membership Associate members The paid membership list was presented to the Board. The treasurer and Executive Director will send out another round of invoices. The Executive Director presented the concept of associate membership. They would be members of other educational associations or government agencies. It was agreed to have a proposal added to the Bylaws at the Annual Meeting. 7. Review new initiatives Goals for 2008-2009 The Board was presented the goals for 2008-2009 for review. The Executive Director informed the Board that he is in the process of visiting all the new superintendents. There are 14 new regional superintends and 9 have been visited. The goals will be reviewed at each Board meeting. 8. Legislative consulting services There was discussion concerning what do we want for services. After comments from members present, it was the consensus that the Association at this time wants someone to warn what is happening that would affect regions. The Executive Director is to contact Gene Carlo, Dave Tobin, Tom Scott and Paul Andrews for their suggestions. This will be on the next agenda. 9. Budget votes by Towns not voting the requested assessment—problems for regions 10. 1/12 Budget Discussion took place concerning problems Districts are having when towns don’t vote the assessment. When a town meeting does not vote the assessment but does vote a lesser figure, what does it mean when a school committee reduces its assessment and meets or is less than the amount voted at town meeting? There is confusion on this matter. Cheryl Duval was asked to write out what has happened in Quabbin. Her chronological listing of events is attached to these minutes. Northeast Metropolitan Regional Vocational District is having similar problems. This will be on our agenda for the next several meetings. DOR has gotten involved in these issues as well as DESE. 11. Status at MSBA a. Meeting On Sept 23--Understanding Regions b. Committee to work with MSBA This Massachusetts School Building Authority has established a Regional Taskforce Group. This purpose will be to understand the needs and how regions operate. The President, Maureen Marshall and the Executive Director have been asked to serve on the taskforce. The first meeting is Oct 29. The Executive Director attended the MSBA Board meeting on September 29. At that meeting it was stated that MSBA is concerned with funding. They are limiting districts on funding, not building to peak enrollment, and following their guidelines on size of schools very closely. One of our standing committees will be MSBA. This committee will monitor what is happening concerning school building and work with MSBA. 12. Gov. Patrick’s “Readiness Project” Regionalization Rennie Center-- School District Consolidation in Massachusetts: Sept 24,2008 There were several member of our Association at the presentation on consolidation. The Maine Commissioner of Education provided a presentation on what has happened in Maine. It has been an eight year process. There were short presentations given by 6 panelists with the focus on consolidations or regionalizing. Operating more effectively and saving funds was the theme of their presentations. However, there was discussion what the problems will be as this initiative goes forward. The presentations can be found on the Rennie Center website. 13. Set Meeting dates for Board and round table meetings The Executive Director will begin to set dates for meeting superintendents at roundtable meetings.
14. Guest speakers at Board Meetings As a part of our monthly meetings, guest speaker will be asked to attend. The quests will be asked to provide our Association updates that involve and affect our membership. 15. E and D Status A discussion took place on the issues surrounding E and D. There are several interpretation and legal opinions of how E and D is to be used and the procedures to follow. Bruce Kaizer spoke on correct way and procedures for using E and D. President Marshall mentioned the discussion at a MASBO workshop at which Jerry Perry of DOR spoke. There is concern that trying to propose a law to make it clear on E and D might result in a law that is not favorable to regions. The law that is proposed might not be the law that is passed. Maureen Marshall suggest that superintendents work closely with their auditor on using E and D. There are discussions going on concerning E and D. No action was taken at this time but issues surrounding E and D will be discussed in the future. 16. Formation of Standing Committees The following standing committees will be established. The Executive Director asked that a member of the Board be on these standing committees. Members present indicated that they would be interested in certain committees. A notice will be sent out to the membership requesting that they join one of these committees. a. Laws and regulations affecting regions-work with MASS b. Insurances—Health and General Insurance Tony Polito c. Budget---Energy, collective purchasing, End of Year Report d. Grants e. Personnel and mentoring—work with MASBO concerning Business Administrators f. School Building---MSBA Tony Polito, PAUL C. GAGLIARDUCCI g. Readiness Project— Regionalization Barbara Rezoni Other: There was discussion on Question 1. Glenn Koocher of MASC sent out an email indicating that the Ethics Commission and the Campaign and Finance Commission have ruled that School Committees may take vote at their meetings against Question 1 and not be in violation. Discussion took place concerning the effect of Question 1 passing. The decision of voting at a school committee is up to the individual districts.
Meeting was adjourned at 11:45pm.
Next Meeting: November 18, 2008 Annual Meeting 10:00 am Assabet
NOTE—since the meeting on October 7, the Annual Meeting has been moved to November 17,2008 at 2:30 pm at Assabet.
Quabbin Regional School District Chronological listing of steps taken during FY09 budget process
ROUND ONE February 28th – Public Hearing (regional agreement requirement) April 10th – School Committee adopts budget April 11th – Preliminary assessment letters sent to member towns May 22nd – School Committee reduces budget to go to annual town meetings May 23rd – Amended assessment letters sent to member towns June 2nd – June 23rd – Annual town meetings (only 2 of 5 towns approve assessment amount, Barre and Oakham approve)
By statute, MGL Ch 16b – “In the event that the regional school district budget in a regional school district is not approved by at least two-thirds of the member municipalities as required by this section, the regional school district committee shall have thirty days to reconsider, amend and resubmit a budget on the basis of the issues raised.” By statute, “If, after submission of the budget, no agreement is reached as to a budget for the regional school district, the district shall notify the Department of Education of a lack of a budget...” July 1st – District sends letter to DESE notifying Jeff Wulfson that the district does not have an approved budget. Some are under the assumption that a 1/12th budget means that you are restricted to 1/12th of the prior years budget; however, by statue, “the commissioner, or his designee, shall certify an amount sufficient for the operation of the district and order the appropriation thereof in an amount not less than 1/12 of the total budget approved by the region in the most recent fiscal year.” We provided enough detail to the Associate Commissioner that led to him setting a budget close to where the School Committee expected to finalize. July 8th – District received the Commissioner’s 1/12th budget by fax. This budget limits the actual amount of expenditures made to a specific dollar amount. July 10th – Assessment letters related to the Commissioner’s 1/12th budget sent to members towns. Letter reiterates the Commissioner’s letter, which was also sent to all Boards of Selectmen, that orders each member community to appropriate and pay to the district such assessments as are calculated by the district treasurer for the support of said interim budget. ROUND TWO July 10th – School committee reconsiders, amends and votes a reduced budget. By statute, “The amounts required to be raised on account of the regional school district budget shall be reapportioned between or among the member municipalities by the regional school district committee and a copy of the amended budget shall be provided, not later than seven days from the date the amended regional school district budget was adopted by the regional school district committee, to the chairmen of the boards of selectmen, chairmen of the finance committees, mayors, presidents of the city councils and treasurers of the member municipalities.” July 14th – Amended assessment letters to member towns By statute, “Prior to the expiration of forty-five days from the date on which such budget was adopted by the regional school district committee, each member municipality shall hold a meeting of the local appropriating authority to act upon the appropriation of the budget so reapportioned and recertified to it. By statute, A member municipality of a regional school district having three or more members need not hold a meeting of its local appropriating authority to act upon the appropriation of amounts reapportioned and recertified to it if it has previously voted to appropriate for the regional school district an amount equal to or greater than the amount so recertified to it.” (Barre and Oakham choose not to hold a town meeting) August 18th & August 21st – New Braintree and Hardwick hold special town meetings, respectively, neither approve reduced assessment amount. Hubbardston chooses to not hold a town meeting. Discussions with Jeff Wulfson and Christine Lynch find that the department has no recourse to Hubbardston’s inaction. By statute, “A municipality that does not hold such a meeting prior to expiration of forty-five days from the date on which an amended budget was adopted by the regional school district committee shall be deemed to have voted to appropriate the amounts reapportioned and recertified to it.” Jeff Wulfson’s opinion of this language is that it applies only to the municipalities that had previously voted a number equal to or higher, as stated in the earlier sentence of the paragraph of the statute. He states that there is much discussion of the interpretation of this sentence that if a town does not hold a town meeting, it is approval. ROUND 3 School Committee takes no action at their September meeting and, therefore, does not meet the statutory requirement of taking further action within 30 days of the last special town meeting vote. September 19th – Superintendent requests 15 day extension as allowed by statute, “With the approval of the commissioner of education, a regional school district committee may have an additional fifteen days within which to reconsider, amend and reapportion said budget.” October 2nd – School Committee votes a budget reduced to the level that the Hardwick town floor approved. October 3rd – Amended assessment letters to member towns Barre, Oakham and Hardwick have approved amounts greater that the current assessment, no need to hold town meetings. District is awaiting town meeting dates from Hubbardston and New Braintree. By statute, In the event a budget is not adopted by December first in any year, the department shall assume operation of the district and funds for same shall be deducted from local aid distributed to member towns. In conversation with Jeff Wulfson and Christine Lynch, the department does not wait until December 1st. The department begins their process as early as October. But once December 1st is here, and there is still no approved budget, the department assumes control. Chris Lynch describes this as she would be in our district to determine a budget, by the appropriation categories that Quabbin’s school committee adopts a budget. No transfers between those categories would be allowed without the department’s approval. No borrowing would be allowed without the department’s approval. The Commissioner would also be involved in any bargaining unit negotiations that are on-going or will begin. A member of the department would probably be on-site every week.
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