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1 ANNE ARUNDEL COUNTY BOARD OF EDUCATION MINUTES, JUNE 17, 2009 The Anne Arundel County Board of Education met at 10:00 a.m. on the above date at the Carol S. Parham Administration Building, 2644 Riva Road, Annapolis, Maryland. Members present were Enrique Melendez, Edward Carey, Victor Bernson, Teresa Milio Birge, Tricia Johnson, Michael G. Leahy, Patricia Nalley, Eugene Peterson, and Collin Wojciechowski. Also present was Dr. Kevin Maxwell, Superintendent and Secretary-Treasurer of the Board. Noting that this is the last Board meeting of the year, Mr. Melendez opened the meeting with the Invocation and a moment of silence for those employees of the school system who have passed away this year. Mr. Melendez then led the Pledge of Allegiance. EXECUTIVE SESSION OF JUNE 3, 2009: The Board met in executive session on June 3, 2009 at 9:00 a.m. in the Caucus Room at the Board of Education offices, 2644 Riva Road, Annapolis, Maryland 21401. While in public session, a motion was made by Mr. Leahy, seconded by Mr. Peterson to go into closed session pursuant to Section 10-508(a)(1), (7) and (9) of the State Government Article of the Annotated Code of Maryland to: (1) the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials; or any other personnel matter that affects one or more specific individuals (7) consult with counsel to obtain legal advice on a legal matter (9) conduct collective bargaining negotiations or consider matters that relate to the negotiations. The motion was approved (5-0). Persons present to close the meeting were Mr. Carey, Mr. Bernson, Mr. Leahy, Mr. Peterson and Mr. Wojciechowski. Others present for executive session were Mrs. Nalley and Ms. Birge. Ms. Johnson arrived at 9:10 a.m. Mr. Melendez was absent. Others present were Dr. Kevin Maxwell, Superintendent, Mr. Bennett, Board Counsel and Ms. Connolly Board Assistant. Oscar Davis, Director of Employee Relations and Chief Negotiator and Jessica Cuches, Employee Relations Specialist were present for negotiations ITEMS CONSIDERED, ACTION TAKEN AND RECORDED VOTES: 1. Mr. Bennett advised the Board on a student appeal. Mr. Leahy moved to uphold the Superintendent. Mrs. Nalley seconded and the Board approved (8-0). 2. Mr. Bennett advised the Board on a student appeal. Mr. Peterson moved to uphold the Superintendent. Mr. Carey seconded and the Board approved (8-0). 3. Mr. Davis updated the Board on the status of negotiations with TAAAC, AEL, SAAAAC and AFSCME.
Transcript
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ANNE ARUNDEL COUNTY BOARD OF EDUCATION

MINUTES, JUNE 17, 2009

The Anne Arundel County Board of Education met at 10:00 a.m. on the above date at the Carol

S. Parham Administration Building, 2644 Riva Road, Annapolis, Maryland. Members present

were Enrique Melendez, Edward Carey, Victor Bernson, Teresa Milio Birge, Tricia Johnson,

Michael G. Leahy, Patricia Nalley, Eugene Peterson, and Collin Wojciechowski. Also present

was Dr. Kevin Maxwell, Superintendent and Secretary-Treasurer of the Board. Noting that this

is the last Board meeting of the year, Mr. Melendez opened the meeting with the Invocation and

a moment of silence for those employees of the school system who have passed away this year.

Mr. Melendez then led the Pledge of Allegiance.

EXECUTIVE SESSION OF JUNE 3, 2009: The Board met in executive session on June 3,

2009 at 9:00 a.m. in the Caucus Room at the Board of Education offices, 2644 Riva Road,

Annapolis, Maryland 21401. While in public session, a motion was made by Mr. Leahy,

seconded by Mr. Peterson to go into closed session pursuant to Section 10-508(a)(1), (7) and (9)

of the State Government Article of the Annotated Code of Maryland to:

(1) the appointment, employment, assignment, promotion, discipline, demotion,

compensation, removal, resignation, or performance evaluation of appointees, employees, or

officials; or any other personnel matter that affects one or more specific individuals

(7) consult with counsel to obtain legal advice on a legal matter

(9) conduct collective bargaining negotiations or consider matters that relate to the

negotiations.

The motion was approved (5-0).

Persons present to close the meeting were Mr. Carey, Mr. Bernson, Mr. Leahy, Mr. Peterson and

Mr. Wojciechowski. Others present for executive session were Mrs. Nalley and Ms. Birge. Ms.

Johnson arrived at 9:10 a.m. Mr. Melendez was absent.

Others present were Dr. Kevin Maxwell, Superintendent, Mr. Bennett, Board Counsel and Ms.

Connolly Board Assistant. Oscar Davis, Director of Employee Relations and Chief Negotiator

and Jessica Cuches, Employee Relations Specialist were present for negotiations

ITEMS CONSIDERED, ACTION TAKEN AND RECORDED VOTES:

1. Mr. Bennett advised the Board on a student appeal. Mr. Leahy moved to uphold the

Superintendent. Mrs. Nalley seconded and the Board approved (8-0).

2. Mr. Bennett advised the Board on a student appeal. Mr. Peterson moved to uphold the

Superintendent. Mr. Carey seconded and the Board approved (8-0).

3. Mr. Davis updated the Board on the status of negotiations with TAAAC, AEL,

SAAAAC and AFSCME.

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ADMINISTRATIVE FUNCTION:

1. Ms. Connolly informed the Board about a vacancy on the Anne Arundel County School

Board Ethics Panel.

2. Ms. Connolly discussed matters with the Board relating to the Board calendar and

upcoming Board activities.

Mr. Bernson and Mr. Leahy left the meeting at 9:45 a.m.

Time did not allow for discussion on personnel.

Adjourn: 10:00 a.m.

APPROVAL OF THE MINUTES OF JUNE 3, 2009: Ms. Johnson moved to approve the

minutes of June 3, 2009. Mr. Wojciechowski seconded and the Board approved (9-0).

ESTABLISH AGENDA ORDER: The agenda stands as published.

RECOGNITIONS: Mr. Melendez recognized Collin Wojciechowski, Student Member on the

Board for his outstanding service during the 2008-2009 school year. On behalf of the Board, the

administration, the teachers, students and staff of Anne Arundel County Public Schools, he

thanked for Collin for taking time out of his personal life to serve the Board and for his excellent

work. Not only is Collin a full Board member, he is also an athlete and a true role model for the

students of Anne Arundel County Public Schools. He presented Collin with government

citations and other gifts. Collin’s colleagues on the Board provided accolades and warm wishes

to the departing Student Member on the Board. Dr. Maxwell presented him an autographed,

framed photograph taken of Collin with Martin O’Malley, Governor, at the ribbon-cutting

ceremony of the new Nantucket Elementary School.

Collin Wojciechowski thanked his family for all their support during the past year. He felt as

though he transformed himself into an adult in his position as Board member. His experience as

student Board member has been amazing. He thanked each Board member individually for their

support and expressed admiration and great respect for all of his colleagues on the Anne Arundel

County Board of Education.

CRASC REPORT: Chris Casey, President of CRASC, recognized Collin Wojciechowski from

a student standpoint, for his excellence service on the Board, noting that the members of CRASC

hold much respect for Collin. He also noted that the CRASC advisor, Katie Brophy is leaving

her position. Noting the importance of Ms. Brophy’s position, he expressed support for the

position to be filled as a full time position. Chris informed the Board of his goals for next school

year, the most important of which is building student leaders. Mr. Wojciechowski wished Ms.

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Brophy well and spoke to the importance of filling her position for the good of the school

system.

CAC REPORT: No Report

PTA REPORT: Anita Owens, President of the County Council of PTAs reported on the May

28 leadership training at the Carver Center and on the May 30 Teen Summit at Annapolis High

School. Ms. Owens addressed issues relating to the academic eligibility policy and the Board

discussion that occurred on June 3 regarding the possible raising of standards. Ms. Owens spoke

in support of parent involvement in future discussions on this issue.

PUBLIC PARTICIPATION: None

FISCAL YEAR 2010 OPERATING BUDGET ADOPTION:

Dr. Maxwell: Before the Board takes up the final budget adoption I would just like to make a

few remarks.

As all of us know, this is an extremely tough economic time. In February, this Board approved

an austere $977 million budget request that, while honoring all existing negotiated agreements,

contained just $3.6 million in program enhancements and, for the first time in recent memory,

asked for no new positions across our system.

The budget before us today is more than $40 million less than the one requested by this Board in

February. While the County Council has done what it could to restore some funding to that

proposed by County Executive John Leopold, such as reinstating funding for the Performing and

Visual Arts magnet program at Bates Middle School, we are faced with some terribly difficult

decisions.

The fact of the matter is that while many county workers will receive merit pay increases thanks

to Mr. Leopold, we can offer no salary increases to our employees. And while Mr. Leopold has

lauded the fact that he has been able to avoid furloughs on the county side, he has passed that

burden on to us.

We have worked very hard to preserve jobs, and to make cuts that will allow us to avoid layoffs

or reductions in force. Let me say it again: No employee will lose his or her job in order to

balance this budget.

There will be pain, however. We must fill a large gap in our self-funded healthcare obligations

that, if left undone, could find us unable to pay our medical claims by next spring. We also must

find a way to pay for an upgrade to our student information system so that we can remain

compliant with federal and state reporting mandates and allow parents to more closely monitor

their children’s grades. And, I believe, we must move forward not only with the PVA magnet at

Bates, but the STEM programs at North County and South River high schools.

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Just a year ago, we made more than $8 million in cuts – including the elimination of 200

positions – to balance the budget. This year, while we are proposing to you the elimination of

approximately ten more vacant positions and millions of dollars in further cuts in areas such as

professional development, consulting services, and the purchases of equipment and office

supplies, it will not be enough. Eighty percent of our budget is people, and we can’t fill the

unprecedented gap that exists without affecting people.

Very reluctantly, I am proposing to you today furloughs for all employees except school bus

drivers and aides, who are contracted to work the exact number of hours that students are in

session. The plan calls for senior and executive staff members, and principals – generally our

higher paid employees – to shoulder more of a burden and incur more furlough days than other

employees.

I want to be very clear, because I know there has been some misinformation about this

circulating: We are not putting programs ahead of people, and we are not imposing furloughs to

pay for new programs. Furloughs would not be necessary were it not for the gap in the self-

funded healthcare obligations.

We have developed a tentative schedule of furlough days, with an eye toward minimizing

impacts on instructional days. I do want you to be aware that one day we are contemplating using

as a furlough day – October 16th

– a non-instructional day – will necessitate a change to the

official school calendar. That day has been established as a day for teachers to attend the MSTA

convention, but our plan is to close the entire system to realize approximately $23,000 of

additional savings in electricity and associated costs. We will be bringing a revised calendar to

this Board for approval at the July 8 meeting.

We have been engaged in talks with our employee groups for several months to make necessary

changes in our negotiated agreements to compensate for the lack of available funding. I want to

thank the Association of Educational Leaders, the Secretaries and Assistants Association of

Anne Arundel County, and the American Federation of State, County, and Municipal Employees

for working with us to shoulder the load. I will recommend approval of amended agreements

with those groups later in this meeting. Despite many long hours of work, we have unfortunately,

been unable to come to an accord with the Teachers Association of Anne Arundel County, whose

agreement expires at the end of this month. Consequently, I will be asking this Board to approve

terms of employment for those employees covered by the TAAAC agreement later in this

meeting. I am committed to doing all that we can – through the collaborative negotiating process

– to reach an agreement with TAAAC in the near future.

This will not be easy, but we have great employees in this school system who are incredibly

passionate and dedicated to our children. I ask them all today to pull together and work through

these tough times with us and not lose focus on our quest to make this school system the best in

the state and one of the best in the nation. We will see better times.

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With that, I’ll ask Alex Szachnowicz and Susan Bowen to go over the proposed changes to the

budget. Alex Szachnowicz, Chief Operating Officer and Susan Bowen, Director of Budget and

Finance presented the 2010 operating budget to the Board. Ms. Bowen reviewed with the Board

the FY 2010 County Budget Review Revenue Analysis as of May 28, 2009 as shown below:

In response to questions by Mr. Peterson about Federal stimulus money, the Superintendent

explained how the stimulus money has done a good service to the school system by minimizing

the cuts that we would have to make as it would have been millions more had it not been for

these funds. As for the IDEA and Title 1 stimulus money, it is coming through the state through

a grant process. We do not have the final information on applying for those grants from the

state. When the school system has that information and information on how to access that

money, the Superintendent will be bringing a budget adjustment to the Board for approval. The

Superintendent noted that the stimulus money can only be used for specific purposes and not for

general fund work. These monies can therefore be used in a supplemental way – not a

supplanted way.

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Ms. Bowen reviewed with the Board the Expense Analysis as shown below:

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Ms. Bowen noted that in order to balance the budget, the school system has to go into its budget

reserves in the amount of $2,828,121 and eliminate them in its entirety leaving the school system

with no budget reserve in the event of unforeseen costs. The Superintendent expressed concern

over this, especially in light of the fact that the county maintained its budget reserve in the

amount of $16.7M.

Mr. Szachnowicz presented the FY 2010 Budget Balancing as of June 17, 2009 as outlined

below.

FY2010 Budget Balancing As of June 17, 2009

Health Care 17,500,000 HC Fund Balance Available from FY09 (3,500,000) August Budget Transfer (5,154,362) Net Health Care 8,845,638

Step, Longevity, COLA - all employee groups 17,838,444

Amount Funded by County (17,838,444) Salary Increases Available 0

Salary Reductions: TAAAC, Unit I - 4 days (7,468,400)

AEL, Unit II - 6 days (903,600) AFSCME, Unit III - 3 days (441,300) SAAAAC, Unit IV - 3 days (645,000) PSS, Unit V grades AA & below - 5 days (32,500) PSS, Unit V grades A & above - 6 days (553,800) Exec, Unit VI - 6 days (128,400) Total Furlough (10,173,000)

Utilities 883,086 Student Information system 900,039

1,783,125

Chesapeake Science Point 2,249,740 Monarch Academy 2,226,900 Less: existing budget (2,000,000) Charter School budget 2,476,640

Position Reductions - vacant

(675,000)

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Reductions as of % of

FY10 Budget

FY2010 County Budget

4-day summer work week (154,000)

NA NA

AACC - partnership agreement (250,000)

50% 500,000

Design & Print communications (50,000)

6% 900,416

MOI from directors & coordinators (300,000)

7% 4,458,817

Office Supplies & Equipment (300,000)

10% 3,064,757

Overtime, temporary, seasonal assistance (100,000)

4% 2,612,958

Professional Development & Consulting (150,000)

9% 1,762,385

Recruiting (17,500)

10% 175,000

Signing bonuses (400,000)

47% 850,000

Stipends from directors & coordinators (300,000)

7% 4,031,875 Teacher classroom supply - $100 per

teacher (305,000)

50% 610,000

Technology (250,000)

18% 1,419,840

PSAT Testing - 9th grade (50,000)

23% 220,000

Textbook Management (310,628)

40% 770,164

Transportation (150,000)

0.4% 36,208,431 Tuition Allowance for Special Education

Cohorts - moving to ARRA (stimulus funding) (195,000)

100% 195,000

(3,282,128)

Reserve Accounts replacement

1,024,725 Net Affect of Actions

0

Mr. Szachnowicz informed the Board that taking into account all of the employee negotiated

agreements and fully funding by requests all merits, step increases, COLAs, etc. that were in

contract as of July 1, 2009, going forward into the next fiscal year (and the Superintendent and

the Board made it clear that the budget request sought to fund each and every employee

compensation obligation that AACPS has to every employee that had a valid contract going

forward). Unfortunately, the budget that was promulgated by the County Executive and then

passed by the County Council this past May, allocated zero dollars toward any employee

compensation increase for any Anne Arundel County Board of Education employee. This is in

spite of the fact that on the general county side of the ledger there will be some increases in

employee compensation. Unfortunately, because the school system had no funds allocated at the

end of the county-approved budget cycle, it will not be able to allocate any monies toward

increased compensation for any employee in any of the six units.

In response to questions by Mr. Carey about employee furloughs on the county side, Mr.

Szachnowicz said it is his understanding based on analysis of the county budget and from public

statements made by the County Executive and County Council, that no general county

government employee will be laid off for a reduction in force and it is his understanding that no

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general county government employee will be furloughed for not even a single day. In addition,

some of the county employee groups will be receiving compensation increases of various sorts.

Oscar Davis, Director of Employee Relations said that it is understanding that most employee

groups in the county government will receive 3% merit increases, with no furlough days.

Noting that most of the school system’s budget is compensation driven, Mr. Szachnowicz

informed the Board that one day of payroll is equal to approximately $2.5M. He drew the

Board’s attention to the exhibit which breaks down the number of furlough days per employee

unit. He informed the Board that the furlough days are not equal across the Board, as the

Superintendent feels that the burden should be shouldered by higher level staff members such as

executive and senior staff members, as opposed to secretaries and AFSCME employees.

In sum total therefore, the Superintendent’s recommendation shows a $10.1M savings in

furlough dollars and it is important to note that the vast amount of these dollars are being used to

backfill our self-funded employer-based health care program. Therefore these funds are being

moved from the salary line to the benefits line, as AACPS has a moral and ethical obligation to

continue to provide health care to employees.

In discussions about the lack of funding of the Student Data System in the amount of $1,851,376,

Mr. Szachnowicz informed the Board that the student data system is critical in running a school

system as it allows mandated reporting of grades, transcripts and schedules to the state.

The Superintendent recommends approval of the Board of Education FY 2010 Operating Budget

of $936,277,500 to include $14,130,128 of internal budget adjustments as displayed on

attachments.

Ms. Johnson moved to approve. Mr. Carey seconded.

Mr. Carey proposed restoring the teacher classroom supply to $100 per teacher and to see what

impact this would have on the budget. He also proposed eliminating one of the furlough days he

would like to see what the impact of the budget would be.

As a former teacher and principal, Mrs. Nalley is concerned about furlough days. She knows

how much teachers rely on those days for lesson planning. She is in favor of anything that can be

done to reduce furlough days. Mrs. Nalley also addressed the importance of professional

development in preparation for the opening of school. Mrs. Nalley is disappointed that the

county is giving raises to its employees and not furloughing its staff, while teachers have to

suffer the burden of budgetary constraints. She wants to make sure that teachers have sufficient

supplies and she also spoke to the importance of not reducing custodial staff overtime.

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Mr. Szachnowicz informed Mrs. Nalley that overtime paid to custodial staff who are working in

schools that are under construction (no matter what the size of the project) will be charged to that

particular capital project in the capital budget.

Mr. Bernson thanked the Superintendent for his leadership, especially in the area of enhanced

programs in the county and for his goal to increase academic rigor in the school system. Mr.

Bernson addressed the matter of limited resources and the fact that the county has to make do in

these difficult economic times. He would like to see the government at all levels – county, state

and federal -- to begin making harder decisions about spending. That is what the school system is

doing now and Mr. Bernson will support this budget because it is the right thing to do.

Ms. Birge spoke in support of the valuable work force employed by Anne Arundel County

Public Schools and expressed concern over the possibility that employees will not be able to do

their jobs if too many cuts occur.

Mr. Peterson applauds the Superintendent in his efforts to keep the school system afloat in very

difficult economic times. Mr. Peterson asked the Superintendent to look at the possibility of

restoring the $50,000 for PSAT testing for 9th

grades. The PSAT is a very useful indicator in the

school system and it serves as a message to parents that students can be challenged and succeed.

Mr. Melendez addressed the matter of the Monarch Academy Charter School and the possibility

of a supplemental appropriation in the budget to support the new charter school. Mr.

Szachnowicz informed the Board that in order to obtain a supplemental appropriation, it would

have to go to the County Executive, and legislation would have to be introduced before the

County Council could issue a supplemental appropriation to the school system’s operating

budget. Noting that the Monarch Academy will open its doors this year, Mr. Melendez noted

that if this were normal business, the school would not open its doors until there was money

available. This is of concern to him and it is his hope that the charter school funds will be

requested as soon as it is available. Mr. Melendez would like the Superintendent to also reduce

or eliminate consulting fees, stipends and signing bonuses, as employee salaries are a priority.

There was unanimous consent among the Board to table the motion while staff recalculates the

budget, taking into consideration Board suggestions. The Superintendent recapped Board

suggestions, specifically, to look for a way to reduce furlough days across the board for all

employees by 1 day; reducing Grade A and below furloughs from 5 days to 2 days, comparable

to SAAAAC and AFSCME; and to reinstate $100 classroom supplies allowance for teachers.

The item was tabled temporarily for staff to revise the proposed FY 2010 Operating Budget.

Staff returned with the FY 2010 Operating Budget Revised as shown below:

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It was confirmed that the motion currently on the floor is the Superintendent’s original

recommendation. Ms. Johnson offered an amendment to include the changes that staff has

brought to the Board with the exception of signing bonuses in the amount of $400,000. Mr.

Peterson seconded and expressed support for the signing bonuses to attract highly qualified

teachers to schools in need. Mr. Peterson strongly supports the Superintendent’s goal in this

regard. The Board voted (9-0) on Ms. Johnson’s amendment.

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Mr. Szachnowicz read into the record the revised Superintendent’s recommendation which

includes Ms. Johnson’s amendment. The Superintendent recommends approval of the Board of

Education FY 2010 Operating Budget of $936, 277,500 to include $13,738,781 of internal

budget adjustments as displayed above. Ms. Johnson moved to approve the Superintendent’s

recommendation. Mr. Peterson seconded and the Board approved (9-0).

Mr. Melendez thanked the Superintendent and staff for their hard work and the countless hours

that were spent in developing the FY 2010 budget and provided closing remarks on behalf of the

Board.

FISCAL YEAR 2010 CAPITAL BUDGET ADOPTION: Mr. Szachnowicz, Chief Operating

Officer, reviewed with the Board line by line the FY 2010 Capital Budget Adoption, noting the

the school system’s budget request was $212,781,000 and the County Council approved amount

was $130,829,000.

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Mr. Leahy suggested that the Superintendent adopt a new methodology with the state to build for

the out years. Dr. Maxwell said that in order to secure state funding, counties have to put up

county funding in adequate amounts. As wealthy as Anne Arundel County is, if it chooses to put

its money where the schools are that is a local decision. However, the state has been telling the

Superintendent since he arrived in Anne Arundel County, that this county is not leveraging its

equitable amount of state funding because of its reluctance to fund school construction at the rate

that it should.

The Superintendent recommends that the Board of Education adopt the County Council

approved FY 2010 Capital Budget of $130,829,000.

Mr. Leahy moved to approve the Superintendent’s recommendation. Mr. Wojciechowski

seconded and the Board approved (9-0).

ADMINISTRATIVE PERSONNEL APPOINTMENTS: The Superintendent provided the

following appointments and promotions for Board actions:

Alisha Trusty, Assistant Principal, Glen Burnie High School, effective July 1, 2009

Kimberly Nein, Assistant Principal, Southern Middle School, effective July 1, 2009

Franklin Horstman, Coordinator of ESOL, Central Office, effective June 18, 2009

Sandra Blondell, Assistant Principal, effective June 18, 2009

Kathleen King, Assisstant Principal, Point Pleasant Elementary School, effective June 18, 2009

Shirley Jackson-Avery, Assistant Principal, Corkran Middle School, effective July 1, 2009

Diane Gerrior, Assistant Principal, Lindale Middle School, effective July 1, 2009

Carl Curtis, Administrative Trainee, Arundel High School, effective July 1, 2009

Mr. Wojciechowski moved to approve the Superintendent’s recommendation. Ms. Johnson

seconded and the Board approved (8-0), Mr. Leahy not present for the vote.

The Superintendent provided the following reassignments for the Board’s information:

Christopher Wooleyhand from Principal, Hillsmere Elementary to Principal, Richard Henry Lee

Elementary, effective June 24, 2009.

Mary Wagner, from Principal, Richard Henry Lee Elementary to Principal, Hillsmere

Elementary, effective June 24, 2009.

James Todd, Assistant Principal, Annapolis High to Assistant Principal, Arundel High, effective

June 24, 2099.

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Kimberly Guinn, Administrative Trainee, Glen Burnie High to Administrative Trainee, Severna

Park High, effective August 10, 2009.

TERMS OF EMPLOYMENT – UNIT 1 EMPLOYEES: Oscar Davis, Director of Employee

Relations informed that Board that on June 30, 2009, the Negotiated Agreement between the

Board of Education and the Teachers Association of Anne Arundel County (TAAAC) will

expire.

The Negotiating Teams for the Board of Education and TAAAC have not yet reached a

Tentative Agreement (TA) for ratification by the Board and TAAAC. Accordingly, Terms of

Employment have been established for Unit I Employees for FY10. These terms will continue in

effect until such time as a successor Negotiated Agreement is approved and ratified.

The Superintendent recommends approval of the Terms of Employment for Unit I Employees for

FY 2010.

Ms. Johnson moved to approve the Superintendent’s recommendation. Mr. Carey seconded and

the Board approved (8-1), Mr. Bernson opposed, all others in favor.

Public Participation: Mr. Orhan Omer, Benfield Elementary School PTA addressed the Board

about right of return/right of recall for involuntarily excessed teachers.

RATIFICATION OF AEL NEGOTIATED AGREEMENT: Oscar Davis, Director of

Employee Relations informed the Board that the current Negotiated Agreement between the

Board of Education and the Association of Education Leaders (AEL) covers the period from

FY2007 through FY2011.

The fiscal authorities for Anne Arundel County have not provided sufficient funds in the FY2010

budget to fully fund this agreement. Accordingly, pursuant to provisions of the Education

Article and the AEL Negotiated Agreement, the parties entered into renegotiations.

The Negotiating Teams for the Board of Education and AEL have reached a Tentative

Agreement (TA) subject to ratification by the Board and AEL. The TA amends the terms of the

current agreement for FY2010.

The Superintendent recommends approval of the Tentative Agreement between the Board of

education and the Association of Educational Leaders (AEL).

Ms. Johnson moved to approve the Superintendent’s recommendation. Mr. Wojciechowski

seconded and the Board approved (9-0).

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RATIFICATION OF SAAAAC NEGOTIATED AGREEMENT: Oscar Davis, Director of

Employee Relations, informed the Board that the current Negotiated Agreement between the

Board of Education Secretaries and Assistants Association of Anne Arundel County (SAAAAC)

covers the period from FY2007 through FY2011.

The fiscal authorities for Anne Arundel County have not provided sufficient funds in the FY2010

Budget to fully fund this agreement. Accordingly, pursuant to provisions of the Education

Article and the SAAAAC Negotiated Agreement, the parties entered into renegotiations.

The Negotiating Teams for the Board of Education and SAAAAC have reached a Tentative

Agreement (TA) subject to ratification by the Board and SAAAAC. The TA amends the terms

of the current agreement and extends it through FY2013.

The Superintendent recommends approval of the Tentative Agreement between the Board of

Education and the Secretaries and Assistant Association of Anne Arundel County (SAAAAC).

Mr. Wojciechowski moved to approve the Superintendent’s recommendation. Ms. Johnson

seconded and the Board approved (9-0).

Debbie Schaeffer, President of SAAAAC, spoke in support of the agreement.

RATIFICATION OF AFSCME NEGOTIATED AGREEMENT: The current Negotiated

Agreement between the Board of Education and American Federation of State, County and

Municipal Employees, Local 1693 (AFSCME) covers the period from FY2007 through FY2011.

The fiscal authorities for Anne Arundel County have not provided sufficient funds in the FY2010

Budget to fully fund this agreement. Accordingly, pursuant to provisions of the Education

Article and the AFSCME Negotiated Agreement, the parties entered into renegotiations.

The Negotiating Teams for the Board of Education and AFSCME have reached a Tentative

Agreement (TA) subject to ratification by the Board and AFSCME. The TA amends the terms

of the current agreement and extends it through FY2013.

The Superintendent recommends approval of the Tentative Agreement between the Board of

Education and the American Federation of State, County and Municipal Employees (AFSCME).

Mr. Leahy moved to approve the Superintendent’s recommendation. Ms. Johnson seconded and

the Board approved (9-0).

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Mr. Peterson expressed appreciation to Mr. James Sollers, President of AFSCME Local 1693,

saying that he is a fierce advocate for his people. Mr. Peterson thanked Mr. Sollers for always

looking at the other side of the coin and for being the wonderful leader of his great organization.

TERMS OF EMPLOYMENT – UNIT V AND UNIT VI: Oscar Davis, Director of Employee

Relations informed the Board that the proposed Terms of Employment for Unit V and Unit VI

employees for FY10 are as follows:

No COLA or salary scale adjustments.

No step or longevity salary increases.

No performance pay awards for those who are eligible.

Reduce work year for all employees by up to six (6) work days.

Maintain current health care design components and employer/employee

premium ratios. Apply Board Policy that permits prorated premium costs

for part time employees.

Mr. Leahy moved to take the item from information to action. Mr. Carey seconded and the

Board approved (8-0), Ms. Johnson not present for the vote.

The Superintendent recommends approval of the Terms of Employment for Unit V and VI

employees as outlined above.

Mr. Leahy moved to approve the Superintendent’s recommendation. Mr. Wojciechowski

seconded and the Board approved (9-0).

POLICY REVISION – THIRD READING –

BULLYING/CYBERBULLYING/HARASSMENT AND INTIMIDATION/HAZING/BIAS

BEHAVIOR – POLICY CODE JCCA (A): In accordance with the provisions of Section 7-

424.1 of the Education Article of the Annotated Code of Maryland and the model policy adopted

by the State Board of Education pursuant thereto, this proposed policy and its accompanying

regulation support schools to be safe climates to learn by prohibiting bullying, cyberbullying,

harassment and intimidation, hazing, and bias behaviors.

The proposed policy describes current requirements as mandated by MSDE. There were two

public comments received during the 30-day posting period, available for review by visitors to

the Web site. The two public comments have been taken into consideration in preparing Policy

JCCA and its accompanying regulation. A further revision to the regulation was made

subsequent to the Board’s discussion on second reading. This is the third reading before the

Board.

The Superintendent recommends approval of Policy JCCA, subject to final correction for style

and format.

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Mr. Leahy moved to approve the Superintendent’s recommendation. Mr. Carey seconded and

the Board approved (8-0), Ms. Birge not present for the vote.

POLICY REVISION – FIRST READING – INSURANCE – ALL EMPLOYEES –

POLICY CODE CODE GAM/800.11: This policy is being updated to bring it into alignment

with the types of insurance being offered to employees of the Board of Education of Anne

Arundel County. This policy was last updated on December 2, 1992. Since that date, the

insurance packages offered by carriers have evolved to include new types of coverage.

The Department of Human Resources is proposing this revision to Policy GAM/800.11 to

include the types of insurance programs being offered to employees as part of their benefits

package. The search for highly qualified teachers is very competitive, and Anne Arundel County

Public Schools wants to be positioned to offer the types of benefits that would encourage

retention of our current employees while fostering our recruitment efforts.

There were no Board questions.

POLICY REVISION – FIRST, SECOND AND THIRD READINGS –

EXTRACURRICULAR PROGRAMS – ACADEMIC ELIGIBILITY – POLICY CODE

JJA/990/01: Ms. Johnson moved to take the item from information to action. Mr. Carey

seconded and the Board approved (9-0).

The Superintendent recommends both the waiver of the timeline provided in Policy BF –

pertaining to introduction, discussion, and action – and the approval of Policy JJA, subject to

final correction for style and format.

This policy was initially adopted on May 20, 1991, with two revisions in 1996 and 2006. It was

developed to provide academic standards that students in Grades 9 - 12 must meet in order to be

eligible to participate in interscholastic athletics and extracurricular activities.

The reason for the revisions to this policy is that the high schools have gone from a six-period

day to an eight-period day, thus impacting the calculation for eligibility. Some minor revisions

are reflected on the exhibits to incorporate suggestions made at the Board meeting during first

reading. At the Board meeting of June 3, 2009, there was a robust discussion as to the current

grade point average (GPA) eligibility for participation, as a result of which several amendments

were offered to this policy that did not pass. Nonetheless, the Administration pledges to continue

considering the underlying issues related to the matter of the threshold GPA for eligibility and to

generate data for the Board’s consideration.

Still, the final vote on the third reading of this policy failed by a 4-3-1 (with one Member

absent), lacking the requisite fifth vote. Yet, the salient change in the attached policy, pertinent to

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students with partial schedules, still needs to be made prior to the advent of the Fall sports season

and the necessary printing of The Athletic Handbook, The Student Handbook, and The Guide for

Student Athletics.

With this in mind, the Policy Committee met on June 10, 2009, and concurred with this

recommendation to bring Policy JJA back to the Board and, pursuant to the Board’s Policy BF

(“Policysetting”), to waive by a unanimous vote the three distinct readings so as to adopt this

needed policy revision which previously has been posted and reviewed by the Board.

Ms. Johnson moved to approve the Superintendent’s recommendation. Mr. Carey seconded and

the Board approved (7-1-1), Mr. Melendez opposed, Mr. Bernson abstained, all others in favor.

CONSENT ITEMS – AWARD OF CONTRACTS:

Ms. Johnson moved to bundle the consent items. Mrs. Nalley seconded and the Board approved

(9-0). Ms. Johnson moved to take the items from information to action. Mrs. Nalley seconded

and the Board approved (9-0).

The Superintendent made the following recommendations:

ASBESTOS REMOVAL AND DISPOSAL FOR SEVERNA PARK MIDDLE SCHOOL:

The Superintendent recommends that the Board of Education award Contract #09 06CN-78-24,

Asbestos Removal and Disposal for Severna Park Middle School, to LVI Environmental

Services, Inc., in the amount of $347,700.00.

3A CONCRETE FOR PERSHING HILL ELEMENTARY: The Superintendent

recommends that the Board of Education award Contract #09CN-166, 3A Concrete for New

Construction, Pershing Hill Elementary School, to Canyon Contracting, Inc. in the amount of

$612,350.00, including Alternate #1.

4A MASONRY FOR PERSHING HILL ELEMENTARY: The Superintendent recommends

that the Board of Education award Contract #09CN-167, 4A Masonry for New Construction,

Pershing Hill Elementary School, to Pompano Masonry Corporation in the amount of

$1,752,099.00, including Alternate #1.

5A METALS FOR PERSHING HILL ELEMENTARY: The Superintendent recommends

that the Board of Education award Contract #09CN-168, 5A Metals for New Construction,

Pershing Hill Elementary School, to Kinsley Construction, Inc. in the amount of $853,200.00,

including Alternate #1.

6A GENERAL TRADES FOR PERSHING HILL ELEMENTARY: The Superintendent

recommends that the Board of Education award Contract #09CN-169, 6A General Trades for

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New Construction, Pershing Hill Elementary School, to Hancock & Albanese, Inc. in the amount

of $1,949,500.00, including Alternates #1, #2, #3, #4, and #5.

15A MECHANICAL FOR PERSHING HILL ELEMENTARY: The Superintendent

recommends that the Board of Education award Contract #09CN-175,15A Mechanical for New

Construction, Pershing Hill Elementary School, to L.H. Cranston & Sons, Inc. in the amount of

$2,821,000.00, including Alternate #1.

16A ELECTRICAL FOR PERSHING HILL ELEMENTARY: The Superintendent

recommends that the Board of Education award Contract #09CN-177,16A Electrical for New

Construction, Pershing Hill Elementary School, to Key Systems, Inc. in the amount of

$1,479,900.00, including Alternates #1 and #4.

HVAC REPLACEMENT FOR ODENTON ELEMENTARY: The Superintendent

recommends that the Board of Education award Contract #09CN-193, HVAC Replacement at

Odenton Elementary School, to Phillips Way, Inc. in the amount of $2,538,000.00, including

Alternates #1, #2, #3, #4, #5, #6, #7, #8, #9, and #12.

ELECTRICAL UPGRADES FOR TRACEY’S ELEMENTARY: The Superintendent

recommends that the Board of Education award Contract #09CN-197, Electrical Upgrades at

Tracey’s Elementary School, to Key Systems, Inc. in the amount of $218,085.00, including

Alternate #1.

CHILD DEVELOPMENT CLASSROOM RENOVATIONS FOR ARUNDEL HIGH: The

Superintendent recommends that the Board of Education award Contract #09CN-206, Child

Development Classroom Renovations at Arundel High School Science, to C&N Associates, LLC

in the amount of $155,108.00.

CONSTRUCTION MANAGEMENT CONTRACT FOR BELLE GROVE

MODERNIZATION AND ADDITION: The Superintendent recommends that the Board of

Education award Contract #09 06CN-11-12, Construction Management Services for Belle Grove

Elementary School Modernization and Addition, to Hess Construction Co. in the amount of

$1,592,729.00.

Ms. Johnson moved to approve the Superintendent’s recommendations. Mr. Leahy seconded

and the Board approved (9-0).

As a point of personal privilege, Mr. Leahy said that in that the Governor has not named the next

Board member, this may well be the last time that we are all together. To the extent that that is

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the case, he thanked his colleagues for the opportunity to work together for the last five years and

he wishes them all well in the future.

The Board adjourned at 2:25 p.m.

____________________ Approved: July 8, 2009

Kevin M. Maxwell

Secretary-Treasurer


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