Agenda - Chino Valley Unified School District

Transcription

Agenda - Chino Valley Unified School District
November 7, 2013
CHINO VALLEY UNIFIED SCHOOL DISTRICT
REGULAR MEETING OF THE BOARD OF EDUCATION
5130 Riverside Drive, Chino, CA 91710
6:00 p.m. – Closed Session  7:00 p.m. – Regular Meeting
November 7, 2013
AGENDA
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The public is invited to address the Board of Education regarding items listed on the agenda.
Comments on an agenda item will be accepted during consideration of that item, or prior to
consideration of the item in the case of a closed session item. Persons wishing to address the Board
are requested to complete and submit to the Administrative Secretary, Board of Education, a
“Request to Speak” form available at the entrance to the Board room.
In compliance with the Americans with Disabilities Act, please contact the Administrative Secretary,
Board of Education, if you require modification or accommodation due to a disability.
Agenda documents that have been distributed to members of the Board of Education less than 72
hours prior to the meeting are available for inspection at the Chino Valley Unified School District
Administration Center, 5130 Riverside Drive, Chino, California, during the regular business hours of
7:30 a.m. to 4:30 p.m., Monday through Friday.
I.
OPENING BUSINESS
I.A.
CALL TO ORDER – 6:00 P.M.
1. Roll Call
2. Public Comment on Closed Session Items
3. Closed Session
Discussion and possible action:
a.
Student Admission Matter (Education Code 35146, 48916 (c)): Case 13/14-02A (5 minutes)
b.
Conference with Labor Negotiators (Government Code 54957.6): A.C.T. and CSEA negotiations. Agency
designated representatives: Dr. Norm Enfield, Sandra Chen, Dr. Grace Park, Dr. Michelle Harold. (30 minutes)
c.
Public Employee Discipline/Dismissal/Release (Government Code 54957): (15 minutes)
I.B.
RECONVENE TO REGULAR OPEN MEETING – 7:00 P.M.
1. Report Closed Session Action
2. Pledge of Allegiance
I.C.
PRESENTATIONS
1. Student Recognition: Bella Ruiz, Ramona Junior High School
Isaiah Ruiz, Don Lugo High School
2. Student Showcase: Walnut ES
The proceedings of this meeting are being recorded.
Regular Meeting of the Board of Education
I.D.
November 7, 2013
COMMENTS FROM THE AUDIENCE ON ITEMS NOT ON THE AGENDA
In accordance with Board Bylaw 9323 Bylaws of the Board – Meeting Conduct, please:
a) limit remarks to three minutes (total for all remarks); b) if a topic has been covered, limit remarks to new
points; and c) please contact the Superintendent’s Office for procedures regarding complaints against
employees, or see the Administrative Secretary, Board of Education, for the form.
I.E.
COMMENTS FROM STUDENT REPRESENTATIVE
I.F.
COMMENTS FROM EMPLOYEE REPRESENTATIVES
I.G.
COMMENTS FROM COMMUNITY LIAISONS
I.H.
CHANGES AND DELETIONS
II.
ACTION
II.A.
ADMINISTRATION
II.A.1.
Chino
Valley Unified
School
District
2014/2017 Strategic Plan
Recommend the Board of Education approve the
Strategic Plan document.
Motion
Second
Preferential Vote:
Vote: Yes
No
II.A.2.
Restoration of Deferred Maintenance Funding
Recommend the Board of Education approve the
Superintendent’s
restoration
of
Deferred
Maintenance funding in the amount of
$2,125,000.00 for fiscal year 2013/2014.
Motion
Second
Preferential Vote:
Vote: Yes
No
II.B.
CURRICULUM AND INSTRUCTION
II.B.1.
Common Core State Standards Spending
Plan for the 2013/2014 and 2014/2015 Fiscal
Years
Recommend the Board of Education approve the
Common Core State Standards spending plan for
the 2013/2014 and 2014/2015 fiscal years.
Motion
Second
Preferential Vote:
Vote: Yes
No
II.B.2.
Additional Funding for Common Core State
Standards for the 2013/2014 and 2014/2015
Fiscal Years
Recommend the Board of Education earmark
$4.1 million of additional funding for Common
Core State Standards implementation for the
2013/2014 and 2014/2015 fiscal years.
Motion
Second
Preferential Vote:
Vote: Yes
No
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Regular Meeting of the Board of Education
November 7, 2013
Motion
Second
Preferential Vote:
Vote: Yes
No
III.
CONSENT
III.A.
ADMINISTRATION
III.A.1.
Minutes of the Special Meeting of October 15, 2013, Regular Meeting of
October 17, 2013, and Special Meeting of October 24, 2013
Recommend the Board of Education approve the minutes of the special
meeting of October 15, 2013, regular meeting of October 17, 2013, and
special meeting of October 24, 2013.
III.B.
BUSINESS SERVICES
III.B.1.
Warrant Register
Recommend the Board of Education approve/ratify the warrant register,
provided under separate cover.
III.B.2.
Fundraising Activities
Recommend the Board of Education approve/ratify the fundraising activities.
III.B.3.
Donations
Recommend the Board of Education accept the donations.
III.B.4.
Legal Services
Recommend the Board of Education approve payment for legal services to
the law offices of Atkinson, Andelson, Loya, Ruud & Romo; and Chidester,
Margaret A. & Associates.
III.B.5.
Applications to Operate Fundraising Activities and Other Activities for
the Benefit of Students
Recommend the Board of Education approve/ratify the applications to operate
fundraising activities and other activities for the benefit of students.
III.C.
CURRICULUM AND INSTRUCTION
III.C.1.
School Sponsored Trips
Recommend the Board of Education approve the following school sponsored
trips: Glenmeade ES; Canyon Hills JHS; Ayala HS; Chino Hills HS; and
Don Lugo HS.
III.D.
EDUCATIONAL SERVICES
III.D.1.
Student Admission Case 13/14-02A
Recommend the Board of Education approve the student admission case
13/14-02A.
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Regular Meeting of the Board of Education
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III.D.2.
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Proclamation for the Great American Smokeout on November 21, 2013
Recommend the Board of Education adopt the Proclamation for the Great
American Smokeout on November 21, 2013.
III.E.
FACILITIES, PLANNING, AND OPERATIONS
III.E.1.
Purchase Order Register
Recommend the Board of Education approve/ratify the purchase order
register, provided under separate cover.
III.E.2.
Agreement for Contractor/Consultant Services
Recommend the Board of Education approve/ratify the Agreement for
Contractor/Consultant Services: San Bernardino County with Health Services.
III.E.3.
Surplus/Obsolete Property
Recommend the Board of Education declare the District property
surplus/obsolete and authorize the Purchasing Department to sell/dispose of
said property.
III.E.4.
Change Order 1 for Bid 12-13-05, Rebid of Science Lab and Transitional
Kindergarten Addition at Oxford Preparatory Academy
Recommend the Board of Education approve Change Order 1 for Bid
12-13-05, Rebid of Science Lab and Transitional Kindergarten Addition at
Oxford Preparatory Academy.
III.E.5.
Community Facilities District 4 (College Park) Special Tax Accountability
Report
Recommend the Board of Education accept and file the Community Facilities
District 4 (College Park) Special Tax Accountability Report for Fiscal Year
2012/2013.
III.F.
HUMAN RESOURCES
III.F.1.
Certificated/Classified Personnel Items
Recommend the Board of Education approve/ratify the certificated/classified
personnel items.
III.F.2.
Rejection of Claim
Recommend the Board of Education reject the claim and refer it to the
District’s insurance adjuster.
III.F.3.
Revision of Bylaws of the Board and Exhibit 9270—Conflict of Interest
Recommend the Board of Education approve the revision of Bylaws of the
Board and Exhibit 9270—Conflict of Interest.
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Regular Meeting of the Board of Education
November 7, 2013
IV.
INFORMATION
IV.A.
ADMINISTRATION
IV.A.1.
Revision of Bylaws of the Board 9010—Public Statements
Recommend the Board of Education receive for information the revision of
Bylaws of the Board 9010—Public Statements.
IV.A.2.
Revision of Bylaws of the Board and Exhibit 9250—Remuneration,
Reimbursement, and Other Benefits
Recommend the Board of Education receive for information the revision of
Bylaws of the Board and Exhibit 9250—Remuneration, Reimbursement, and
Other Benefits.
IV.B.
BUSINESS SERVICES
IV.B.1.
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Adopted 2013/2014 Organized and Unorganized Student Body Budgets
Recommend the Board of Education receive for information the adopted
2013/2014 organized and unorganized student body budgets.
V.
COMMUNICATIONS
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BOARD MEMBERS AND SUPERINTENDENT
VI.
ADJOURNMENT
Date posted: November 1, 2013
Prepared by: Patricia Kaylor, Administrative Secretary, Board of Education
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ACTION
ADMINISTRATION
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
SUBJECT:
CHINO VALLEY UNIFIED SCHOOL DISTRICT 2014/2017
STRATEGIC PLAN
=====================================================================
BACKGROUND
The goal element of the Strategic Plan became the focus of the work on the 2014/2017
Strategic Plan.
Between August and October 2013, District administrators, site administrators and
representatives of the various stakeholder groups – teachers, classified staff, parents, and
students participated in discussions regarding the goals that would declare the highest
priorities for the District for 2014/2017.
The processes involved were:
1. Executive Cabinet members participated in an analysis of the District’s strengths,
weaknesses, opportunities and threats (SWOP). Strengths are positive aspects internal
to the District; weaknesses are negative aspects internal to the District; opportunities
are positive aspects external to the District; and threats are negative aspects external to
the District.
Based on this analysis, analysis Executive Cabinet members drafted five goals.
2. District administrators received a draft of the goals and provided feedback for
consideration.
3. A stakeholder group representing teachers, classified staff, students, teachers and
administrators met to review goal language. The Board President also attended the
meeting.
The participants agreed with the priorities identified in the draft of the goals. The
stakeholder group accentuated the following ideas:
November 7, 2013
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The goal addressing student achievement needs to be ambitious as well as realistic.
The idea of each student increasing achievement by at least one level for each year of
instruction was viewed as an acceptable goal.
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Students must receive a clear message that after high school graduation both college
and career paths are legitimate and equally respected.
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The community linked pathways presented a good opportunity for students to get
experience in real world settings.
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Both staff and students will need support in acquiring the skills and access to
technology in order to gain the 21st century skills needed for success.
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It was noted that some schools will have greater challenges than others, especially in
the areas of student achievement and access to technology. As a result of this reality,
great care will need to be taken in terms of allocating resources and expertise in
pursuing the goals.
•
On October 24, the Board of Education held a study session regarding the Strategic
Plan. Each of the goals were discussed. The goal regarding student achievement
originally stated: "Each student will gain at least one proficiency level ("band up") each
year as the result of highly skilled instruction and the use of instructional technology."
The term "band up" is associated with the Statewide assessment system, which is
under transition and perhaps was no longer appropriate. The idea of going one level of
proficiency for each year of instruction did seem to communicate the intent of the goal.
The 2014/2017 CVUSD Strategic Plan including the Vision, Mission, Core Values, Motto
and renewed goals is presented below.
RECOMMENDATION
It is recommended the Board of Education approve the Strategic Plan document.
FISCAL IMPACT
None.
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November 7, 2013
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CVUSD Strategic Plan
Our Vision
(Describes the best case future state of CVUSD students.)
United together, the CVUSD staff, parents/guardians, community, and Governing Board work to
provide an educational environment whereby:
Our students possess the personal and academic skills to be successful, responsible and
productive. They are motivated, self-confident, and life-long learners. They exhibit integrity and
contribute to the well being of their communities. They successfully solve problems using their
intellectual capacity and appropriate technology tools. They respect the ideas of other people, while
holding true to their own convictions. Students recognize that academic achievement is essential to
competing in the global economic setting. They face the future knowing that their goals are within
their reach, by continuing their education and through their individual commitment and hard work.
Our Mission
(Describes what we do as a District to realize the vision.)
The CVUSD provides all students a rigorous and relevant education in a safe learning
environment.
Our Core Values
(Describes why we do what we do – underlying beliefs.)
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All students can learn.
High academic expectations can be met through excellent teaching and active learning.
Each student has unique strengths that are recognized and nurtured.
Each student has unique needs that are recognized and addressed.
Building character is as important as building minds.
Parents/guardians are our partners in the educational process.
Collaboration, cooperation and respectfulness are essential in the learning environment.
Community partners are essential to enriching the lives of students.
We provide excellent service to all students.
Positive school climate supports student learning.
OUR Motto
Achievement
Humility
Safety
Positive Climate
Civility
November 7, 2013
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Service
DRAFT GOALS for 2014/2017
(Describes the district wide priorities to advance the vision and mission)

Each student will gain at least one proficiency level each year as the result of highly
skilled instruction and the use of instructional technology.

All students receive skilled instruction based on the common core standards, which will
lead to graduation and success in college and career.

High school students will have the opportunity to participate in one of two well-developed
pathways.

All students and staff will possess the 21st century skills required to access and use
appropriate technology to increase student academic achievement.

Students, parents, staff and the community receive ongoing and timely communication
through a variety of formats.
November 7, 2013
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CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
SUBJECT:
RESTORATION OF DEFERRED MAINTENANCE FUNDING
=====================================================================
BACKGROUND
As part of the District-wide Budget Reduction Plan, the Board of Education voted on
September 17, 2009, to sweep all but $500,000.00 per year in Deferred Maintenance
funding. This Board approved budget reduction, coupled with other reductions and the
passage of Proposition 30, allowed the District to attain fiscal solvency for 2012/2013,
2013/2014, and 2014/2015.
Since the reduction of Deferred Maintenance funding, the number of desperately needed
maintenance and repair projects has grown exponentially, and if left unfunded will
compromise the safety, health, and structural integrity of school facilities. Scheduled
projects include re-roofing of Canyon Hills and Townsend Junior High Schools,
Eagle Canyon and Oak Ridge Elementary Schools, and replacement intercom systems at
Rolling Ridge, Oak Ridge, Hidden Trials, and Anna Borba Elementary Schools.
The Superintendent is recommending the restoration of Deferred Maintenance funding in
the amount of $2,125,000.00 for fiscal year 2013/2014. Additional funding restorations,
estimated to be $2,000,000.00 each for fiscal years 2014/2015 and 2015/2016 will be
required to ensure District facilities continue to be maintained and kept in good repair for
the safety of students and staff.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education approve the Superintendent’s restoration of
Deferred Maintenance funding in the amount of $2,125,000.00 for fiscal year 2013/2014.
FISCAL IMPACT
$2,125,000.00 to the General Fund for fiscal year 2013/2014.
WMJ:GJS:ljt
November 7, 2013
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CURRICULUM
AND INSTRUCTION
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Victoria L. Broberg, Asst. Superintendent, Curriculum and Instruction
Sandra H. Chen, Asst. Superintendent, Business Services
SUBJECT:
COMMON CORE STATE STANDARDS SPENDING PLAN FOR THE
2013/2014 AND 2014/2015 FISCAL YEARS
=====================================================================
BACKGROUND
Assembly Bill (AB) 86 (Chapter 48, Statutes of 2013), Section 85, appropriates $1.25 billion
(approximately $200 per prior year enrollment) in the 2013/2014 school year to support the
integration of academic content standards in instruction adopted pursuant to
various Education Code sections.
As a condition of receiving Common Core State Standards (CCSS) implementation funds,
the District is required to develop and adopt a plan delineating how the CCSS
implementation funds will be spent. The plan must be explained in a public meeting of the
governing board of the school district and then be adopted in a subsequent public meeting.
CCSS implementation funds can be expended for any of the following purposes:

Professional Development for certificated and classified employees involved in the
direct instruction of pupils using the CCSS.

Instructional materials and supplemental instructional materials aligned to the
CCSS.

Technology equipment and infrastructure to provide technology-based instruction
using CCSS and to implement computer-based student assessments.
Approval of this item supports the goals identified within the District’s Strategic Plan.
November 7, 2013
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RECOMMENDATION
It is recommended the Board of Education approve the Common Core State Standards
spending plan for the 2013/2014 and 2014/2015 fiscal years.
FISCAL IMPACT
Receipt of approximately $5.7 million in one-time funds.
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November 7, 2013
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CHINO VALLEY UNIFIED SCHOOL DISTRICT
COMMON CORE STATE STANDARDS SPENDING PLAN
FOR THE 2013/2014 AND 2014/2015 FISCAL YEARS
The Chino Valley Unified School District plans to use the funds during 2013/2014 and
2014/2015 in the following manner:

Provide inservices for certificated and classified classroom staff on the new content
standards and to develop curriculum aligned to the new standards

Adopt and purchase current standards-aligned instructional materials for English
language arts and mathematics

Upgrade the technology infrastructure to provide Internet access and meet Smarter
Balanced Technology Strategy Framework and System Requirements Specifications

Purchase additional computers and software for technology-based instruction
The estimated amount of one-time funds to be received for this purpose is $5.7 million.
Detailed expenditure information shall be reported to the California Department of
Education on or before July 1, 2015, including, but not limited to, specific purchases made
and the number of teachers, administrators, or paraprofessional educators that received
professional development.
November 7, 2013
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CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Victoria L. Broberg, Asst. Superintendent, Curriculum and Instruction
SUBJECT:
ADDITIONAL FUNDING FOR COMMON CORE STATE STANDARDS
FOR THE 2013/2014 AND 2014/2015 FISCAL YEARS
=====================================================================
BACKGROUND
Assembly Bill (AB) 86 (Chapter 48, Statutes of 2013), Section 85, appropriates funding for
the 2013/2014 and the 2014/2015 school years to support the integration of academic
content standards in instruction adopted pursuant to various Education Code sections.
While the District will receive approximately $5.7 million in one-time funds to support
Common Core State Standards implementation over two years, it falls short in terms of
funding needed to ensure that all teachers and instructional classified staff are trained;
instructional materials are provided to every student; and technology is available to all
students and staffs.
The draft Technology Plan for 2014-2017, which will be presented to the Board of
Education in December 2013, indicates the need of approximately $2,000,000.00 for
technology for the next three years.
The California Department of Education has indicated the list of State Board Approved
textbooks will be made available to districts in March 2014. The anticipated cost for the
Common Core State Standards aligned Mathematics instructional materials is
approximately $3,350,000.00.
Professional development for the teachers, instructional classified staff, and administrators
is expected to cost approximately $1,340,600.00 for three days of training during the
summer. This includes the cost of the trainers, the pay for teachers’ attendance, and the
training materials. In addition, to provide two days of substitute pay to allow our teachers to
plan would cost the District approximately $290,000.00.
November 7, 2013
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The anticipated total cost of $6,980,600.00 for CCSS implementation less the
approximately $2.9 million that is to be received this year requires the additional funding
that is requested.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education earmark $4.1 million of additional funding for
Common Core State Standards implementation for the 2013/2014 and 2014/2015 fiscal
years.
FISCAL IMPACT
$4.1 million to the General Fund.
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November 7, 2013
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CONSENT
ADMINISTRATION
CHINO VALLEY UNIFIED SCHOOL DISTRICT
SPECIAL MEETING OF THE BOARD OF EDUCATION
Board Study Session
October 15, 2013
MINUTES
I.
OPENING BUSINESS
I.A.
CALL TO ORDER – 5:00 P.M.
1. Roll Call
President Orozco called to order the special meeting of the Board of
Education, Tuesday, October 15, 2013, at 5:00 p.m. with Blair, Cruz, Dickie,
and Orozco present. Mr. Na was absent.
Administrative Personnel
Wayne M. Joseph, Superintendent
Victoria L. Broberg, Assistant Superintendent, Curriculum and Instruction
Sandra H. Chen, Assistant Superintendent, Business Services
Norm Enfield, Ed.D., Assistant Superintendent, Human Resources
Patricia M. Miller, Assistant Superintendent, Educational Services
Gregory J. Stachura, Assistant Supt., Facilities, Planning, and Operations
2. Pledge of Allegiance
Board Clerk Irene Hernandez-Blair led the Pledge of Allegiance.
3. Invocation
Board Member Charles Dickie gave the invocation.
I.B.
COMMENTS FROM THE AUDIENCE ON ITEMS ON THE AGENDA
David Zoetemelk addressed the Board regarding restorations.
I.C.
IMPLEMENTATION OF LOCAL CONTROL FUNDING FORMULA (LCFF)
Mr. Ron Bennett, Chief Executive Officer of School Services of California,
presented information relative to LCFF including: funding per average daily
attendance; Proposition 30; Proposition 98 forecast; LCFF implementation,
supplemental and concentration grant amounts, and minimum and maximum
targets; funding for Common Core; accountability; and adopting and updating the
Local Control Accountability Plan; State Board of Education actions and timelines;
and linkage between policy and performance.
II.
ADJOURNMENT
President Orozco adjourned the special meeting at 7:04 p.m.
____________________________
Sylvia Orozco, President
November 7, 2013
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Recorded by: Patricia Kaylor, Administrative Secretary, Board of Education Page
____________________________
Irene Hernandez-Blair, Clerk
CHINO VALLEY UNIFIED SCHOOL DISTRICT
REGULAR MEETING OF THE BOARD OF EDUCATION
October 17, 2013
MINUTES
I.
OPENING BUSINESS
I.A.
CALL TO ORDER – 5:45 P.M.
1. Roll Call
President Orozco called to order the regular meeting of the Board of Education,
Thursday, October 17, 2013, at 5:45 p.m. with Blair, Cruz, Dickie, Na, and
Orozco present.
Administrative Personnel
Wayne M. Joseph, Superintendent
Victoria L. Broberg, Assistant Superintendent, Curriculum and Instruction
Sandra H. Chen, Assistant Superintendent, Business Services
Norm Enfield, Ed.D., Assistant Superintendent, Human Resources
Patricia M. Miller, Assistant Superintendent, Educational Services
Gregory J. Stachura, Assistant Supt., Facilities, Planning, and Operations
2. Public Comment on Closed Session Items
None.
3. Closed Session
President Orozco adjourned to closed session at 5:45 p.m. regarding a student
expulsion; a student readmission; conference with labor negotiators for A.C.T.
and CSEA; public employee discipline/ dismissal/release; and public employee
appointment, elementary principal.
I.B.
RECONVENE TO REGULAR OPEN MEETING – 7:00 P.M.
1. Report Closed Session Action
President Orozco reconvened the regular meeting of the Board of Education at
7:05 p.m. The Board met in closed session from 5:45 p.m. to 6:55 p.m.
regarding a student expulsion; a student readmission; conference with labor
negotiators for A.C.T. and CSEA; public employee discipline/dismissal/release;
and public employee appointment, elementary principal. The Board voted to
appoint Denise Corbett-Sunderland as principal of Walnut ES with an effective
date to be determined by a unanimous vote of 5-0.
November 7, 2013
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Minutes of the Regular Meeting of the Board of Education
October 17, 2013
2. Pledge of Allegiance
Deborah Hutchinson, Liberty ES Principal, led the Pledge of Allegiance.
3. Invocation
Pastor Shadrack Means, Calvary Chapel Chino Hills, gave the invocation.
I.C.
PRESENTATIONS
1. Student Showcase: Liberty ES
Liberty ES primary choir instructor Michael Noffsinger, 2nd grade teacher
Michael Quinn led students in folk songs, and band instructor Kevin Bryant
directed students in an instrument performance.
2. Citizens’ Bond Oversight Committee Annual Report
Kevin Cisneroz, Chairman, presented the Citizens’ Bond Oversight Committee
Annual Report.
3. & 4. Common Core State Standards and Linked Learning
Amy Hernandez-Nguyen and Jaime Anderson, Directors of Curriculum and
Instruction, presented an overview of Common Core State Standards and
Linked Learning. Ayala HS, Chino HS, Chino Hills HS, and Don Lugo HS
students spoke about academies and pathways at their respective schools.
President Orozco called a recess at 8:17 p.m. to 8:23 p.m., and then asked for and
received Board consensus to hear comments from CSEA employee representatives (Item
I.F.) before Item I.D.
I.F.
COMMENTS FROM EMPLOYEE REPRESENTATIVES
Denise Arroyo, CSEA President, said the LCFF study session was appreciated
and gave a Chino perspective of what LCFF means, and thanked President
Orozco and Mr. Joseph for making it possible; said this week is National School
Lunch Week, and CSEA is proud to represent food service employees statewide;
quoted Harry Truman regarding the well nourished student; said next week is
National School Bus Safety Week; and honored school bus driver Joy McCuneOnsen on her retirement with 28 years of service to the District.
I.D.
COMMENTS FROM THE AUDIENCE ON ITEMS NOT ON THE AGENDA
Susan Mulder, Ethan Mulder, Patricia Cisneros, Esmeralda Covarrubias, Noelia
Medina, Kevin Leach, and Patricia Aguilar addressed the Board regarding the
Walnut ES principal; Don Lugo FFA addressed the Board regarding the Don Lugo
FFA Fall Festival scheduled for October 26 from 10:00 a.m. to 4:00 p.m. featuring
Don Lugo farm grown and student raised pumpkins; Brenda Dunkle addressed the
Board regarding Chino Valley Bark for Life; Jack L. Ingram, III, addressed the
Board regarding AB 1266; and Mark Hargrove addressed the Board regarding
Measure B.
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November 7, 2013
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Minutes of the Regular Meeting of the Board of Education
I.E.
October 17, 2013
COMMENTS FROM STUDENT REPRESENTATIVE
Stephanie Lewis spoke about Odyssey of the Mind an international educational
program that provides creative problem-solving challenges for students.
I.F.
COMMENTS FROM EMPLOYEE REPRESENTATIVES
Todd Hancock, A.C.T. President, said that the A.C.T. office participated in
The Great California Shake Out today; made reference to a quote at the end of the
movie Tora! Tora! Tora!, “I fear all we have done is to awaken a sleeping giant”
and said that tonight at Walnut ES the sleeping giant has been awakened and that
ACT supports those teachers; quoted C. S. Lewis regarding the task of modern
educators; introduced teachers from Dickson ES and highlighted some of the
activities that the teachers coordinate; thanked the Board for the opportunity to sit
at the table at last week’s Board study session regarding the LCFF, and hopes
that collaboration continues; quoted Ann Rand regarding the ladder of success
and rungs of opportunity; quoted Booker T. Washington regarding overcoming
obstacles; and closed by speaking about empowering teachers.
Tracy MacArthur thanked President Orozco, the Board, and Superintendent
Joseph for being able to attend the Board study session regarding LCFF, and
assured the Board that CHAMP is eager to participate willingly, and in a
collaborate effort, to ensure student success.
I.G.
COMMENTS FROM COMMUNITY LIAISONS
Glenn Duncan, Chino City Council, commented that his 10-year-old granddaughter
participated in Odyssey of the Mind in Florida; said the City of Chino is
experiencing growth and spoke about Measure B; said home building, retailers,
and commercial developments are coming to the area; invited the community to
the City of Chino Halloween Spooktacular event scheduled for October 31 at the
Chino Spectrum and Towne Center; and closed by announcing that the Chino
Neighborhood House is hosting its annual Christmas party on December 23 for
families in need in the Chino Valley Unified School District.
I.H.
CHANGES AND DELETIONS
The following changes were read into the record: IV.E.1., Agreements for
Contractor/Consultant Services, deleted the contract for PCH Architects, and
Master contracts was yellow-sheeted.
3
November 7, 2013
Page 14
Minutes of the Regular Meeting of the Board of Education
October 17, 2013
II.
DISCUSSION
II.A.
CURRICULUM AND INSTRUCTION
II.A.1.
Common Core State Standards Spending Plan for the 2013/2014 and
2014/2015 Fiscal Years
Victoria Broberg, Assistant Superintendent of Curriculum and Instruction,
explained the Common Core State Standards spending plan for the 2013/2014
and 2014/2015 fiscal years. No action was taken.
III.
ACTION
III.A.
ADMINISTRATION
III.A.1
Resolution 2013/2014-10, Opposing Assembly Bill 1266
Moved (Na) seconded (Cruz) motion carried (4-1, Blair voted no) to adopt
Resolution 2013/2014-10, Opposing Assembly Bill 1266. Student representative
abstained.
III.A.2
Resolution 2013/2014-11, Establishing a Policy Regarding Invocations at
Meetings of the Board of Education of the Chino Valley Unified School
District
Moved (Na) seconded (Dickie) carried unanimously (5-0) to adopt Resolution
2013/2014-11, Establishing a Policy Regarding Invocations at Meetings of the
Board of Education of the Chino Valley Unified School District. Student
representative voted yes.
IV.
CONSENT
Moved (Na) seconded (Cruz) carried unanimously (5-0) to approve the consent items, as
amended. Student representative voted yes.
IV.A.
ADMINISTRATION
IV.A.1.
Minutes of the Regular Meeting of October 3, 2013
Approved the minutes of the regular meeting of October 3, 2013.
4
November 7, 2013
Page 15
Minutes of the Regular Meeting of the Board of Education
October 17, 2013
IV.B.
BUSINESS SERVICES
IV.B.1.
Purchase Order Register
Moved (Na) seconded (Dickie) carried unanimously (5-0) to approve/ratify the
purchase order register. Student representative voted yes.
IV.B.2.
Warrant Register
Approved/ratified the warrant register.
IV.B.3.
Fundraising Activities
Approved/ratified the fundraising activities.
IV.B.4.
Donations
Accepted the donations.
IV.B.5.
Legal Services
Approved payment for legal services to the law office of Chidester, Margaret A.
& Associates.
IV.C.
CURRICULUM AND INSTRUCTION
IV.C.1.
School Sponsored Trips
Approved the following school sponsored trips: Chaparral ES, Newman ES,
Ayala HS, and Don Lugo HS.
IV.C.2.
Instructional Materials Adoption for Expository Reading and Writing, and
Veterinary Science Courses
Approved the instructional materials adoption for Expository Reading and
Writing, 2nd Edition, 2013, California State University; and Veterinary Science –
Introduction to Veterinary Science, 2nd Edition, 2008, by James Lawhead
Publisher; Cengage Learning.
IV.D.
EDUCATIONAL SERVICES
IV.D.1.
Student Expulsion Case 13/14-05
Approved the student expulsion case 13/14-05.
IV.D.2.
Student Readmission Case 11/12-61
Approved the student readmission case 11/12-61.
IV.E.
FACILITIES, PLANNING, AND OPERATIONS
IV.E.1.
Agreements for Contractor/Consultant Services
Approved/ratified the Agreements for Contractor/Consultant Services: PCH
Architects LLP with Facilities & Planning (deleted); and master contracts, as
amended, with Rope Masters, Boomer Events Inc, Mustache Mike’s Truck, and
JC Mobile Gaming & Entertainment LLC with Purchasing.
5
November 7, 2013
Page 16
Minutes of the Regular Meeting of the Board of Education
October 17, 2013
IV.F.
HUMAN RESOURCES
IV.F.1.
Certificated/Classified Personnel Items
Approved/ratified the certificated/classified personnel items.
IV.F.2.
Student Teacher Placement Agreement with Point Loma Nazarene
University
Approved the Student Teacher Placement Agreement with Point Loma
Nazarene University.
V.
INFORMATION
V.A.
HUMAN RESOURCES
V.A.1.
Revision of Bylaws of the Board and Exhibit 9270—Conflict of Interest
Received for information the revision of Bylaws of the Board and Exhibit
9270—Conflict of Interest.
VI.
COMMUNICATIONS
BOARD MEMBERS AND SUPERINTENDENT
Charles E. Dickie wished everyone a Happy Halloween.
Andrew Cruz attended Chino HS’s PTA association meeting, and thanked President
Orozco and Superintendent Joseph for supporting Principal Melendez and the parent
association in attempting to fix the marquee; attended a Milk Can event at
Weinerschnitzel, a traditional hot dog eating contest; attended the Milk Can game with his
son; said he met Mr. Tapia whose uncle was the first Hispanic on the Board during the
70’s; attended the Art Committee’s meeting and said they are getting close to submitting
grants; said the Hall of Fame Committee started this week; said AB 375 was vetoed by
Governor Brown; said Ms. Warner’s father passed away and asked for prayers; and read
Corinthians 2.
Irene Hernandez-Blair acknowledged parents for speaking on behalf of their children at
Walnut ES, appreciates that they are supporting and advocating for their children, and
recognized what they had to say and said she voted diligently; said she has visited
Walnut ES and plans to be back; congratulated students who scored at the highest levels
of state-wide tests and thanked schools who acknowledged them; extended kudos to
Chino’s and Ayala’s marching bands/color guards in winning their first competitions of the
season, and said she is looking forward to hearing of Don Lugo’s and Chino Hills HS’s
achievements; said that the CARE program is having a Thanksgiving drive and asked for
6
November 7, 2013
Page 17
Minutes of the Regular Meeting of the Board of Education
October 17, 2013
non perishable food item donations; recognized Breast Cancer Awareness month, and
that pink jerseys were donated by Luis Zendejas, of the Arizona Cardinals, for the
Chino HS and Don Lugo HS football game; and reminded everyone that it is important to
get checked, including men.
James Na said that at the last Board meeting security person Don Schenkel left early due
to an emergency; said Don’s father passed away, but that he accepted Jesus Christ, a
great comfort to all, and asked for prayers for his family; said he spent time last night
speaking to Mr. Kaylor, a coach at Chino Boxing Club, and that they spoke about being
able to help kids succeed; and thanked President Orozco for caring for our children.
Superintendent Joseph spoke about The Great California Shake Out statewide
earthquake drill earlier in the day; announced the 7th Annual Western Band Association
Music in Motion Field Tournament to be held at Ayala HS on Saturday, October 19; said
the district-wide College Fair is scheduled for Monday, October 21 at 6:00 p.m. in the
gym at Ayala HS; said next week is Red Ribbon Week; and reminded everyone of the 5th
annual Golf Tournament scheduled for Monday, November 18 at Vellano Country Club.
President Orozco encouraged parents to attend the district-wide college fair scheduled
for October 21 at Ayala HS; said the Linked Learning presentation was impressive; said
she appreciates student representative Stephanie Lewis’ comments and her perspective;
said it was awesome to see the pink jerseys at the Milk Can game; thanked everyone for
attending the Board study session regarding LCFF, and said that there are still
uncertainties to be faced; thanked Chino Valley Real Estate Professionals for donating to
Briggs’ science department; said she is excited about the Chino Valley Hall of Fame and
thanked Committee members, Julie Gobin, and Pat Kaylor for their assistance; said the
Committee agreed to name the hall of fame the CVUSD Richard Gird Educational Hall of
Fame; congratulated Alan Berg for being selected as chairperson, George Gonzales as
co-chairperson, and Bernice Gray as secretary, and acknowledged members
Al McCombs, Chris Ramos, Justine Cunningham, Kevin Cisneroz, Miles Pruitt,
Norma Reese, Robert Guillen, Greg Setlich, and Patti Arlt.
VII.
ADJOURNMENT
President Orozco adjourned the regular meeting of the Board of Education at 10:03 p.m.
____________________________
Sylvia Orozco, President
____________________________
Irene Hernandez-Blair, Clerk
Recorded by: Patricia Kaylor, Administrative Secretary, Board of Education
7
November 7, 2013
Page 18
CHINO VALLEY UNIFIED SCHOOL DISTRICT
SPECIAL MEETING OF THE BOARD OF EDUCATION
Board Study Session
October 24, 2013
MINUTES
I.
OPENING BUSINESS
I.A.
CALL TO ORDER – 5:00 P.M.
1. Roll Call
President Orozco called to order the special meeting of the Board of
Education, Thursday, October 24, 2013, at 5:06 p.m. with Cruz, Na, and
Orozco present. Mrs. Blair and Mr. Dickie were absent.
Administrative Personnel
Wayne M. Joseph, Superintendent
Victoria L. Broberg, Assistant Superintendent, Curriculum and Instruction
Sandra H. Chen, Assistant Superintendent, Business Services
Norm Enfield, Ed.D., Assistant Superintendent, Human Resources
Patricia M. Miller, Assistant Superintendent, Educational Services
Gregory J. Stachura, Assistant Supt., Facilities, Planning, and Operations
2. Pledge of Allegiance
President Orozco led the Pledge of Allegiance.
I.B.
COMMENTS FROM THE AUDIENCE ON ITEMS ON THE AGENDA
Vice President James Na gave the invocation. Susan Bobbitt-Voth addressed the
Board regarding SELPA training; Todd Hancock, A.C.T. President, said the
Association appreciated being included at the last study session, invited the
Board to the CTA sponsored Service Center One Council Dinner for School
Board members on December 9, 2013; and expressed concern regarding the
emphasis of testing instead of the entire student.
I.C.
STUDY SESSION
Jennifer Jeffries provided a review of the District’s Strategic planning; envisioning
the future; planning for success; navigating into the future; strategic thinking; the
District’s vision, mission, core values, and three year goals; facilitated a
discussion regarding the 2014-2017 draft goals; and discussed the next steps.
II.
ADJOURNMENT
President Orozco adjourned the special meeting at 5:55 p.m.
____________________________
Sylvia Orozco, President
November 7, 2013
19
Recorded by: Patricia Kaylor, Administrative Secretary, Board of Education Page
____________________________
Irene Hernandez-Blair, Clerk
BUSINESS SERVICES
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Sandra H. Chen, Assistant Superintendent, Business Services
Liz Pensick, Director, Business Services
SUBJECT:
WARRANT REGISTER
=====================================================================
BACKGROUND
Education Code 42650 requires the Board to approve and/or ratify all warrants. These
payments are made in the form of warrants, and the warrant (check) form is approved by
the County Superintendent.
All items listed are within previously budgeted amounts. There is no fiscal impact beyond
currently available appropriations.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education approve/ratify the warrant register, provided
under separate cover.
FISCAL IMPACT
$3,134,240.21 to all District funding sources.
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November 7, 2013
Page 20
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Sandra H. Chen, Assistant Superintendent, Business Services
Liz Pensick, Director, Business Services
SUBJECT:
FUNDRAISING ACTIVITIES
=====================================================================
BACKGROUND
Board Policy 3452 Business and Noninstructional Operations – Student Activity Funds and
Board Policy 1230 Community Relations – School Connected Organizations require that
fundraising activities be submitted to the Board of Education for approval.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education approve/ratify the fundraising activities.
FISCAL IMPACT
None.
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November 7, 2013
Page 21
CHINO VALLEY UNIFIED SCHOOL DISTRICT
November 7, 2013
SITE/DEPARTMENT
ACTIVITY/DESCRIPTION
DATE
Talent Show/Holiday Party
12/6/13
The Pub Restaurant Family Night Out
11/19/13 - 11/21/13
Book Fair
BJ's Family Nights Out
12/2/13 - 12/6/13
1/22/14 & 4/16/14
Poinsettia Sale
JoJo's Pizza Monthly Family Nights Out
11/8/13 - 12/21/13
11/21/13 - 5/15/14
Newspaper Subscription Sale
Spirit Night at the Habit Restaurant
McTeacher's Night
11/8/13 - 6/11/14
1/15/14
2/5/14
See's Candy Sale
11/19/13 - 12/4/13
World's Finest Chocolate Sale
11/8/13 - 12/16/13
Christmas Carol Production
Wizard of Oz Production
12/19/13 - 12/20/13
5/29/14 - 5/30/14
GATE
AdvoGATE
Butterfield Ranch ES
PTA
Chaparral ES
PTA
PTA
Country Springs ES
PFA
PFA
Glenmeade ES
PTA
PTA
PTA
Liberty ES
ASB - 6th Grade
Newman ES
ASB - 6th Grade
Rhodes ES
PEP Club
PEP Club
November 7, 2013
Page 22
CHINO VALLEY UNIFIED SCHOOL DISTRICT
November 7, 2013
SITE/DEPARTMENT
ACTIVITY/DESCRIPTION
DATE
Rubber Ducky Sale
3/15/14 - 4/15/14
Refreshment Sale
JoJo's Pizza Monthly Family Nights Out
Cici's Pizza Monthly Family Nights Out
12/18/13
1/8/14 - 4/9/14
1/22/14 - 4/23/14
Physical Education Clothing Sale
School Agenda Sale
11/8/13 - 6/1/14
11/8/13 - 6/1/14
Discount Coupon Booklet Sale
11/10/13 - 12/6/13
School Agenda Sale
Cell Phone Cover Sale
Nutcracker Sale
Zumba Ticket Sale
11/12/13 - 6/10/14
12/1/13 - 12/31/13
12/19/13
12/20/13 - 1/10/14
Physical Education Clothing Sale
11/8/13 - 6/10/14
Blanket/Scarf Sale
Boba Sale
CBS TV Audience
Cici's Pizza Monthly Nights Out
Pieology Pizzeria Monthly Nights Out
Special Occasion Lei Sale
Corner Bakery Nights Out
11/8/13
11/8/13 - 11/25/13
11/8/13 - 5/31/14
11/8/13 - 6/30/14
11/8/13 - 6/30/14
11/8/13 - 6/30/14
11/19/13 & 12/17/13
Cal Aero K-8
ASB
Canyon Hills JHS
Music Club
Music Club
Music Club
Magnolia JHS
ASB - Athletics
ASB
Ramona JHS
AVID
Townsend JHS
ASB
Band Boosters
Band Boosters
Band Boosters
Woodcrest JHS
ASB - Athletics
Ayala HS
Spirit Leader Boosters
One for All
Grad Night 2014
Grad Night 2015
Grad Night 2015
Grad Night 2015
Grad Night 2014
November 7, 2013
Page 23
CHINO VALLEY UNIFIED SCHOOL DISTRICT
November 7, 2013
SITE/DEPARTMENT
ACTIVITY/DESCRIPTION
DATE
Golf Tournament
Clipper's Ticket Sale
1/20/14
3/16/14
Community Discount Card Sale
Swim-a-Thon
Off Campus Snack Sale
Winter Dance Ticket Sale
Off Campus Snack Sale
Barnes & Noble Book Fair
Applebee's Breakfast
Mountain Mike's Pizza Family Night Out
Keoloha's Family Night Out
11/8/13 - 12/31/13
11/15/13
11/18/13 - 11/22/13
12/6/13
12/7/13
12/14/13
1/25/14
2/19/14
3/19/14
Yard Sale
Tournament Fees
11/16/13
12/27/13 - 12/28/13
Sweet Nicks Dessert Sale
Cookie Lee Jewelry Sale
Pieology Pizzeria Monthly Nights Out
Cannataro's Night Out
Carl's Jr. Coupon Booklet Sale
Applebee's Monthly Nights Out
Cannataro's Monthly Nights Out
Carl's Jr. Monthly Nights Out
John's Incredible Pizza Monthly Nights Out
Philly's Best Monthly Nights Out
Straw Hat Pizza Monthly Nights Out
Tropical Mexico Monthly Nights Out
Applebee's Day
11/8/13 - 11/15/13
11/12/13 - 11/21/13
11/12/13 - 6/30/14
11/14/13
11/18/13 - 12/2/13
11/19/13 - 6/13/14
11/19/13 - 6/13/14
11/19/13 - 6/14/14
11/19/13 - 6/14/14
11/19/13 - 6/13/14
11/19/13 - 6/13/14
11/19/13 - 6/14/14
11/21/13
Ayala HS (cont.)
Boys Soccer Boosters
Girls Basketball
Chino HS
Boys Basketball
Waterpolo Boosters
Science Club
AVID
Renaissance
CHAPSS
Music Boosters
Music Boosters
Music Boosters
Chino Hills HS
Choir
Girls Soccer
Don Lugo HS
Band Boosters
AP Club
Leadership
Grad Night
Performing Arts Boosters
Band Boosters
Band Boosters
Band Boosters
Band Boosters
Band Boosters
Band Boosters
Band Boosters
Performing Arts Boosters
November 7, 2013
Page 24
CHINO VALLEY UNIFIED SCHOOL DISTRICT
November 7, 2013
SITE/DEPARTMENT
ACTIVITY/DESCRIPTION
DATE
Barnes and Noble Book Fair
Off Campus Craft Sale
Applebee's Pancake Breakfast
Mountain Mike's Pizza Day
State-Line Turnaround
Clothing Drive
12/6/13 - 12/10/13
12/14/13
12/21/13
1/16/14
2/8/14
2/12/14
Don Lugo HS (cont.)
AP Club
Performing Arts Boosters
Band Boosters
Performing Arts Boosters
Grad Night
Grad Night
November 7, 2013
Page 25
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Sandra H. Chen, Assistant Superintendent, Business Services
Liz Pensick, Director, Business Services
SUBJECT:
DONATIONS
===================================================================
BACKGROUND
Board Policy 3290 Business and Noninstructional Operations - Gifts, Grants, and Bequests
states the Board of Education may accept any bequest or gift of money or property on
behalf of the District. All gifts, grants, and bequests shall become property of the District.
Use of the gift shall not be impaired by restrictions or conditions imposed by the donor.
Approximate values are determined by the donor.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education accept the donations.
FISCAL IMPACT
Any cost for repairs of donated equipment will be a site expense.
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November 7, 2013
Page 26
CHINO VALLEY UNIFIED SCHOOL DISTRICT
November 7, 2013
DEPARTMENT/SITE
DONOR
ITEM DONATED
APPROXIMATE
VALUE
Office of Communications
WLC Architects, Inc.
Cash
$1,500.00
Cash
$144.00
Cattle ES
Target
Chaparral ES
Samra Transport Inc.
Michael Rabina
Cash
Copier Paper
$500.00
$2,470.48
Dickson ES
Dickson PTA
Cash
$195.00
Cash
Cash
$69.14
$210.00
Cash
$35.00
Cash
Cash
Cash
$1.19
$125.00
$165.00
Cash
$400.00
Eagle Canyon ES
FTC
Target
Liberty ES
Target
Oak Ridge ES
Kroger
Synopsys Silicon Valley Science
Target
Rolling Ridge ES
Target
Wickman ES
David Kaloyanides
Target
Target
Wickman PTO
Library Books
Cash
Cash
Cash
November 7, 2013
Page 27
$150.00
$181.00
$553.90
$1,000.00
CHINO VALLEY UNIFIED SCHOOL DISTRICT
November 7, 2013
DEPARTMENT/SITE
DONOR
ITEM DONATED
APPROXIMATE
VALUE
Canyon Hills JHS
Loren Haun
Loren Haun
Water Distiller
Shade Canopy
$500.00
$199.00
Chino Hills HS
Sharonda R. Donovan
Target
Eddie Lopez
Christine Tenney
Crystal N. Reichenberger
Paul Edson
Maria Valenzuela
Walter Lickteig
Edison International
Cash
Cash
Cash
Cash
Cash
Cash
Cash
Cash
Cash
$50.00
$85.00
$120.00
$120.00
$195.00
$399.99
$48.00
$500.01
$1,745.00
Cash
Cash
Cash
Dell Laptops
$35.00
$50.00
$100.00
$1,760.00
Don Lugo HS
Eye Tech Services
Eric & Catherine Berger
Lee & Vincent Kleppe
Technology Training Foundation
November 7, 2013
Page 28
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY:
Sandra H. Chen, Assistant Superintendent, Business Services
Liz Pensick, Director, Business Services
SUBJECT:
LEGAL SERVICES
====================================================================================
BACKGROUND
The following law firms provide services to the Chino Valley Unified School District and have
submitted their invoices. The current invoice amounts, along with the fiscal year-to-date
totals for each individual law firm, are listed below.
FIRM
MONTH
Atkinson, Andelson, Loya, Ruud & Romo
Chidester, Margaret A. & Associates
Parker & Covert LLP
Thompson & Colegate LLP
September 2013
September 2013
-
INVOICE
AMOUNTS
$ 2,429.11
$ 21,005.20
-
2013/2014
YEAR-TO-DATE
$ 26,289.62
$ 97,760.39
$
175.50
$
342.21
Total
$124,567.72
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education approve payment for legal services to the law
offices of Atkinson, Andelson, Loya, Ruud & Romo; and Chidester, Margaret A. &
Associates.
FISCAL IMPACT
$23,434.31 to the General Fund.
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November 7, 2013
Page 29
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Sandra H. Chen, Assistant Superintendent, Business Services
Liz Pensick, Director, Business Services
SUBJECT:
APPLICATIONS TO OPERATE FUNDRAISING ACTIVITIES AND
OTHER ACTIVITIES FOR THE BENEFIT OF STUDENTS
=====================================================================
BACKGROUND
Administrative Regulation 1230 Community Relations – School Connected Organizations
requires that any person or group of people desiring to raise money to benefit a student or
students at one or more schools within the District shall request authorization to operate by
applying to the Chino Valley Unified School District Board of Education.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education approve/ratify the applications to operate
fundraising activities and other activities for the benefit of students.
FISCAL IMPACT
None.
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November 7, 2013
Page 30
CHINO VALLEY UNIFIED SCHOOL DISTRICT
November 7, 2013
AUTHORIZATION TO OPERATE FUNDRAISING ACTIVITIES
AND OTHER ACTIVITIES FOR THE BENEFIT OF STUDENTS
Elementary Schools
Organization
Borba
Butterfield Ranch
Cattle
Chaparral
Cortez
Country Springs
Dickey
Dickson
Eagle Canyon
Glenmeade
Hidden Trails
Liberty
Litel
Marshall
Newman
Oak Ridge
Rhodes
Rolling Ridge
Walnut
Wickman
GATE
PFA
PTA
PTA
PTA
PFA
PFA
PTA
PTA
PTA
PTA
PTA
PFA
PTA
PTO
PTA
PTA
PFA (PEP Club)
PTA
PFA
PTO
AdvoGATE
Jr. High Schools
Organization
Briggs K-8
Cal Aero K-8
Canyon Hills
Canyon Hills
Magnolia
Magnolia
Ramona
Townsend
Townsend
PFA
PTO (Flight Crew)
Music Club
PTSA
PFA
Music Boosters
Band & Pageantry Boosters
Music Boosters
PTSA
November 7, 2013
Page 31
CHINO VALLEY UNIFIED SCHOOL DISTRICT
November 7, 2013
AUTHORIZATION TO OPERATE FUNDRAISING ACTIVITIES
AND OTHER ACTIVITIES FOR THE BENEFIT OF STUDENTS
High Schools
Organization
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Ayala
Chino
Chino
Chino
Chino
Chino
Chino Hills
Chino Hills
Chino Hills
Chino Hills
Chino Hills
Chino Hills
Chino Hills
Don Lugo
Don Lugo
Don Lugo
Don Lugo
Don Lugo
Don Lugo
Band & Colorguard Boosters
Baseball Boosters
Boys Golf Club Boosters
Boys Soccer Boosters
Boys Water Polo Boosters
Choral & Handbell Choir Boosters
Cross Country Boosters
Football Boosters
Girls Basketball Boosters
Girls Golf Club Boosters
Girls Soccer Boosters
Girls Water Polo Boosters
Grad Night 2014 Boosters
Grad Night 2015 Boosters
PTSA
Spirit Team Boosters
Swim Team Boosters
Theatre Arts Boosters
Track & Field Boosters
Wrestling Boosters
Music Boosters
CHAPSS
Chino Cowboy Huddle
Drama Boosters
Sports Boosters
Aquatics Committee
General Boosters
Dance Boosters
Football Boosters
Grad Night 2014 Boosters
Music Boosters
Spirit Boosters
Ag Boosters
Band Boosters
Grad Night 2014 Boosters
Performing Arts Boosters
Spirit Boosters
Sports Boosters
November 7, 2013
Page 32
CURRICULUM
AND INSTRUCTION
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY:
Victoria L. Broberg, Asst. Superintendent, Curriculum and Instruction
SUBJECT:
SCHOOL SPONSORED TRIPS
===================================================================
BACKGROUND
Board Policy 6153 Instruction – School Sponsored Trips, states that field trips are to be
considered a method of instruction and shall be planned as such, with definite
instructional objectives to advance the learning of the District’s adopted course of study.
The purpose of student travel is to provide the student with educational experiences other
than those provided within the regular classroom setting and/or experiences.
School Sponsored Trips requires Board approval for all overnight trip(s) and trip(s) in
excess of 250 miles (one way). Resources will be identified and established at the
school site to assist economically disadvantaged students in obtaining funding for field
trips and, in some cases, student travel.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education approve the following school sponsored trips:
School Sponsored Trips
Date
Site: Glenmeade ES
Event: 6th Grade Science Camp
Place: Running Springs, CA
Chaperone Ratio: 64 students/10 chaperones
Site: Canyon Hills JHS
Event: Leadership Development Institute - FBLA
Place: Anaheim, CA
Chaperone Ratio: 16 students/2 chaperones
Fiscal Impact
February
26-28, 2014
Cost: $265.00 per student
Funding Source: Parent/
PTA
November
23-24, 2013
Cost: $105.00 per student
Funding Source: Parent
November 7, 2013
Page 33
School Sponsored Trips
Site: Canyon Hills JHS
Event: East Coast Tour
Place: Massachusetts, New York, Pennsylvania
Chaperone Ratio: 21 students/3 chaperones
Site: Ayala HS
Event: Yearbook J.E.A. Convention
Place: Boston, MA
Chaperone Ratio: 4 students/1 chaperone
Site: Chino Hills HS
Event: WBA Fresno Championships
Place: Clovis, CA
Chaperone Ratio: 149 students/19 chaperones
Site: Don Lugo HS
Event: CADA Area F Leadership Conference
Place: Anaheim, CA
Chaperone Ratio: 20 students/3 chaperones
Site: Don Lugo HS
Event: Holiday Bowl – Band Field Trip
Place: San Diego, CA
Chaperone Ratio: 28 students/4 chaperones
Date
Fiscal Impact
March 29April 3, 2014
Cost: $2,355.00 per student
Funding Source: Parent
November
13-18, 2013
Cost: $1,317.20 per student
Funding Source: Yearbook
Trust Account
November
22-24, 2013
Cost: $300.00 per student
Funding Source: Music
Booster Club
November
23-25, 2013
Cost: $270.00 per student
Funding Source: Parent
December
27-31, 2013
Cost: $825.00 per student
Funding Source: Parent
FISCAL IMPACT
As indicated above.
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November 7, 2013
Page 34
EDUCATIONAL
SERVICES
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY:
Patricia M. Miller, Assistant Superintendent, Educational Services
Stephanie Johnson, Director, Student Support Services
SUBJECT:
STUDENT ADMISSION CASE 13/14-02A
====================================================================
BACKGROUND
The Board of Education may admit students expelled from other districts in accordance
with law when consistent with the Board’s goal to provide a safe and secure school
environment for students and staff.
The District shall not enroll a student expelled by another district for any of the offenses
listed in Education Code 48915(a) or (c) (mandatory expulsion offenses) during the term of
the student's expulsion, unless the enrollment is at a community day school. A student
expelled for an act specified in Education Code 48915(a) or (c) may enroll in the District
after the term of his/her expulsion if the Board finds, at a hearing, that the student does not
pose a continuing danger to students or staff.
The Board, when making its determination whether to enroll an individual who has been
expelled from another school district for any of the acts mentioned above, may consider
the following options: deny enrollment, permit enrollment, or permit conditional enrollment
in a regular school program or another educational program.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
Based upon the evidence presented to the Expulsion Hearing Administrative Panel, it is
recommended the request regarding admission to the Chino Valley Unified School District
be approved for case 13/14-02A.
FISCAL IMPACT
None.
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November 7, 2013
Page 35
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Patricia M. Miller, Assistant Superintendent, Educational Services
Laurel Mullally, Ed.D., Director, Health Services/Child Development
SUBJECT:
PROCLAMATION FOR THE GREAT AMERICAN SMOKEOUT ON
NOVEMBER 21, 2013
===================================================================
BACKGROUND
The American Cancer Society is marking the 38th Great American Smokeout on
November 21 by encouraging smokers to use the date to make a plan to quit, or to plan
in advance and quit smoking that day. By doing so, smokers will be taking an important
step towards a healthier life – one that can lead to reducing cancer risk.
The Chino Valley Unified School District is a tobacco-free district, and has a strong
commitment to provide tobacco use prevention education to its students. The attached
Proclamation is a means of recognizing the District's support of the American Cancer
Society's The Great American Smokeout on November 21, 2013.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education adopt the Proclamation for the Great
American Smokeout on November 21, 2013.
FISCAL IMPACT
None.
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November 7, 2013
Page 36
Chino Valley Unified School District
Proclamation
The Great American Smokeout
November 21, 2013
WHEREAS, the American Cancer Society’s nationally recognized event, The
Great American Smokeout, challenges people to stop using tobacco and raises
awareness around the many effective ways to quit for good;
WHEREAS, more Americans die every year from tobacco-related diseases than
from AIDS, alcohol, car accidents, fires, illegal drugs, murders, and suicides combined;
WHEREAS, the health benefits of not smoking are substantiated and well known;
WHEREAS, increasing numbers of children are experimenting with a product
that can produce lifetime addiction with an increased risk of cancer; and
WHEREAS, youth-related promotions such as The Great American Smokeout
pledge encourages youth not to start smoking.
NOW THEREFORE BE IT RESOLVED, the Board of Education of the Chino
Valley Unified School District does hereby support November 21, 2013, as The Great
American Smokeout, and in doing so, urges all smokers and smokeless tobacco users
to demonstrate that they can quit and to further encourage children not to start smoking.
______________________________________
Wayne M. Joseph, Superintendent
Secretary, Board of Education
November 7, 2013
Page 37
FACILITIES, PLANNING,
AND OPERATIONS
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Gregory J. Stachura, Assistant Supt., Facilities, Planning, and Operations
SUBJECT:
PURCHASE ORDER REGISTER
===================================================================
BACKGROUND
Board Policy 3310 Business and Noninstructional Operations – Purchasing requires
approval/ratification of purchase orders by the Board of Education. A purchase order is a
legal contract between a district and vendor, containing a description of each item listed
and/or a statement to the effect that supplies, equipment or services furnished herewith
shall be in accordance with specifications and conditions.
Purchase orders represent a commitment of funds. No items on this register will be
processed unless within budgeted funds. The actual payment for the services or materials
is made with a warrant (check) and reported on the warrant register report.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education approve/ratify the purchase order register,
provided under separate cover.
FISCAL IMPACT
$667,493.35 to all District funding sources.
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November 7, 2013
Page 38
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Gregory J. Stachura, Asst. Supt., Facilities, Planning, and Operations
SUBJECT:
AGREEMENT FOR CONTRACTOR/CONSULTANT SERVICES
===================================================================
BACKGROUND
All contracts between the District and outside agencies shall conform to standards required
by law and shall be prepared under the direction of the Superintendent or designee. To be
valid or to constitute an enforceable obligation against the District, all contracts must be
approved and/or ratified by the Board of Education.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education approve/ratify the Agreement for
Contractor/Consultant Services.
EDUCATIONAL SERVICES
E-1314-058-San Bernardino County. To provide assistance
in school-based Medi-Cal Administrative Activities (MAA
Claiming).
Submitted by: Health Services
Duration of Agreement: October 1, 2013 – October 1, 2015
FISCAL IMPACT
As indicated.
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November 7, 2013
Page 39
FISCAL IMPACT
Contract Amount: Per fee schedule
Funding Source: MAA Revenues
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Gregory J. Stachura, Asst. Supt., Facilities, Planning, and Operations
SUBJECT:
SURPLUS/OBSOLETE PROPERTY
===================================================================
BACKGROUND
The Board of Education recognizes that the District may own personal property which is
unusable, obsolete, or no longer needed by the District. The Superintendent or designee
shall arrange for the sale or disposal of District personal property in accordance with Board
policy and the requirements of Education Code 17545.
Lists of surplus items are emailed to the Purchasing Department to be placed on an
upcoming Board agenda. After Board approval, items may be picked up by District
warehouse or a liquidation company for public auction. Proceeds of the sale are deposited
into the General Fund.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education declare the District property surplus/obsolete
and authorize the Purchasing Department to sell/dispose of said property.
FISCAL IMPACT
Increase to the General Fund from proceeds of sale.
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November 7, 2013
Page 40
CHINO VALLEY UNIFIED SCHOOL DISTRICT
SURPLUS/OBSOLETE PROPERTY
November 7, 2013
DESCRIPTION
BRAND
I.D./SERIAL
DEPT/SITE
Data Projector
Desk
Leather Chair
Computer
Overhead Projector
Overhead Projector
Overhead Projector
Overhead Projector
Overhead Projector
Epson
N/A
N/A
CBS
Da-Lite Screens
Apollo Horizon 2
Apollo Concept
Buhl
3M
5RW05200048
N/A
N/A
19265
C01169
06060055883
T41532
14811
T41130
Technology
Townsend JHS
Townsend JHS
Townsend JHS
Don Lugo HS
Don Lugo HS
Don Lugo HS
Don Lugo HS
Don Lugo HS
November 7, 2013
Page 41
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Gregory J. Stachura, Asst. Supt., Facilities, Planning, and Operations
Michael J. Chapko, Director, Maintenance, Operations, and Construction
SUBJECT:
CHANGE ORDER 1 FOR BID 12-13-05, REBID OF SCIENCE LAB
AND TRANSITIONAL KINDERGARTEN ADDITION AT OXFORD
PREPARATORY ACADEMY
===================================================================
BACKGROUND
On May 23, 2013, the Board of Education awarded Bid 12-13-05, Rebid of Science Lab and
Transitional Kindergarten Addition at Oxford Preparatory Academy, to WCCR Construction.
During the course of construction, modifications to the original approved plans are made
due to unforeseen conditions, revisions, or amended project scope. Change Order 1 has
been reviewed and recommended for approval by District staff and WLC Architects.
Change Order
1
Contractor
WCCR Construction
Bid Amount:
Revised Total Project Amount:
Amount
$14,863.27
$620,600.00
$635,463.27
The change order results in a net increase of $14,863.27 to the construction cost and no
change in contract time. The revised total project cost, including all change orders, is
$635,463.27. Approval of the change order allows for compensation to the contractor to
perform the additional work as described.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education approve Change Order 1 for Bid 12-13-05,
Rebid of Science Lab and Transitional Kindergarten Addition at Oxford Preparatory
Academy.
FISCAL IMPACT
$14,863.27 to Capital Facilities Fund 25.
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November 7, 2013
Page 42
November 7, 2013
Page 43
November 7, 2013
Page 44
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Gregory J. Stachura, Asst. Supt., Facilities, Planning, and Operations
SUBJECT:
COMMUNITY FACILITIES DISTRICT 4
SPECIAL TAX ACCOUNTABILITY REPORT
(COLLEGE
PARK)
==================================================================
BACKGROUND
The Local Agency Special Tax and Bond Accountability Act was enacted by California
State Legislature through Senate Bill 165 to provide accountability measures for any
local special tax and/or bond measure subject to voter approval on or after January 1,
2001. In accordance with the requirements of the Accountability Act, Sections 50075.1
and 53410 of the Government Code of the State of California, an annual report must be
filed by the local agency levying a special tax and/or issuing a bond measure and shall
contain a description of the amount of funds collected and expended and the status of
any project required or authorized to be funded by the special tax and/or bond measure.
On July 20, 2006, the Board of Education adopted resolutions establishing Community
Facilities District 4 (College Park) (CFD 4) and the qualified electors within CFD 4
approved the levy of a special tax for the purpose of providing for public school and
infrastructure facilities; and the incurrence of bonded indebtedness. No bonds have
been issued as of this date.
Koppel & Gruber Public Finance, CFD administrator contracted by the District, prepared
the Special Tax Accountability Report for Fiscal Year 2012/2013, as attached.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education accept and file the Community Facilities
District 4 (College Park) Special Tax Accountability Report for Fiscal Year 2012/2013.
FISCAL IMPACT
None.
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November 7, 2013
Page 45
CHINO VALLEY UNIFIED SCHOOL DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 4
(COLLEGE PARK)
SPECIAL TAX ACCOUNTABILITY REPORT
FISCAL YEAR 2012/13
November 7, 2013
Page 46
District Administration
Chino Valley Unified School District
Wayne M. Joseph, Superintendent
Gregory J. Stachura, Assistant Superintendent
Facilities, Planning, and Operations
5130 Riverside Drive
Chino, CA 91710-4310
T. 909.628.1201
F. 909.548.6034
Special Tax Administrator
Koppel & Gruber Public Finance
Lyn Gruber/Douglas Floyd
334 Via Vera Cruz, Suite 256
San Marcos, California 92078
T. 760.510.0290
F. 760.510.0288
November 7, 2013
Page 47
TABLE OF CONTENTS
I. Background....................................................................................................1
II. Authorized Facilities..................................................................................1
III. Collection of Special Taxes and Expenditures ................................2
November 7, 2013
Page 48
I. Background
The Local Agency Special Tax and Bond Accountability Act (“Accountability Act”) was
enacted by California State Legislature through Senate Bill 165 to provide accountability
measures for any local special tax and/or bond measure subject to voter approval on or
after January 1, 2001. According to the requirements of the Accountability Act (Sections
50075.1 and 53410 of the Government Code of the State of California), an annual report
must be filed by the local agency levying a special tax and/or issuing a bond measure on
or before each January 1, commencing January 1, 2002 and shall contain a description of
the following:
(1)
(2)
The amount of funds collected and expended to fund authorized facilities.
The status of any project required or authorized to be funded by the special tax
and/or bond measure.
The information contained in this Special Tax Accountability Report has been compiled
and is being presented for Fiscal Year 2012/13 pursuant to and in accordance with the
requirements outlined in the Accountability Act.
II. Authorized Facilities
The qualified electors within CFD No. 4 authorized the School District to approve the
levy of a special tax and the incurrence of bonded indebtedness in an amount not to
exceed $12,000,000 for Improvement Area A and $18,000,000 for Improvement Area B
to provide for the cost of the financing, design, construction, installation, rehabilitation
and acquisition of certain school facilities, including repayment of existing indebtedness,
the payment of statutory school fees, and incidental expenses.
The authorized school facilities are generally described as elementary, junior and high
school buildings and facilities for grades kindergarten through twelve (12), including
equipment and furnishing thereof, with an estimated useful life of five (5) years or more.
The construction, installation, rehabilitation and acquisition of certain authorized school
facilities described have been financed through the use of lease payments, installment
purchase payments or other payments (any such payments shall be hereinafter described
as the “Certificates of Participation” or “COPs”). CFD No. 4 may repay in part or in full
existing indebtedness, including COPs issued by the School District, to finance
authorized facilities.
As of the date of this Report, no bonds have been issued. Special Taxes were levied by
Improvement Area (“IA”) A of CFD No. 4 for the first time in FY 2007/08.
Chino Valley Unified School District
Community Facilities District No. 4 (College Park)
Accountability Report
November 7, 2013
Page 49
1
III. Collection of Special Taxes and Expenditures
A separate account is held by the School District for the deposit of special taxes levied by
the CFD and for the disbursement of authorized expenditures. The following table
provides a description of the collection of special taxes and the funds disbursed for
authorized expenditures in FY 2012/13.
DESCRIPTION
BEGINNING BALANCE AS OF JULY 1, 2012
Sources of Funds
Annual Special Tax Collections1
Interest Earnings
Subtotal Sources of Funds
Expenditures
Administrative Expenses
Facilities
Subtotal Expenditures
ENDING BALANCE AS OF JUNE 30, 2013
AMOUNT
$2,567,376.40
$798,028.95
14,603.54
$812,632.49
($34,400.08)
0.00
($34,400.08)
$3,345,608.81
1 Represents the actual special tax collections received from the County, including any penalties and
interest accrued from prior year delinquent special taxes that have been paid within the past fiscal year.
Chino Valley Unified School District
Community Facilities District No. 4 (College Park)
Accountability Report
November 7, 2013
Page 50
2
HUMAN RESOURCES
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Norm Enfield, Ed.D., Assistant Superintendent, Human Resources
Michelle J. Harold, Ed.D., Director, Human Resources
Grace Park, Ed.D., Director, Human Resources
SUBJECT:
CERTIFICATED/CLASSIFIED PERSONNEL ITEMS
===================================================================
BACKGROUND
Board approval of personnel transactions is required by Board Bylaw 9324 Bylaws of
the Board - Minutes and Recordings and Education Code 35163. Included are new
hires based on need, which includes replacements, growth, and class size reduction.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education approve/ratify the certificated/classified
personnel items.
FISCAL IMPACT
All personnel assignments are within the approved staffing ratio for the appropriate
school year budget.
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November 7, 2013
Page 51
CERTIFICATED PERSONNEL
HIRED AT APPROPRIATE PLACEMENT ON THE CERTIFICATED SALARY
SCHEDULE AND APPROPRIATE CREDENTIAL FOR THE 2013/2014 SCHOOL
YEAR
NAME
POSITION
LOCATION
EFFECTIVE
DATE
APPOINTMENT
MURPHY, Erica
FRANCIS, Carolyn
FELBERG, Karen
JOHNSON, Coral
ROBINETT, Melissa
MITCHELL, Marissa
CINI, Jennifer
RODRIGUEZ, Michael
RSP Teacher
SDC Teacher
RSP Teacher
RSP Teacher
Biology Teacher
English Teacher
Child Dev. Teacher
Program Specialist
Cattle ES/Cortez ES 11/08/2013
Ayala HS
Chino HS
Chino Hills HS
Chino Hills HS
Virtual HS
Child Center
Special Education
11/13/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
REHIRED FROM THE 24/39-MONTH RE-EMPLOYPMENT LIST
BRANDT, Chelsea
Intervention Teacher
Chaparral ES
12/02/2013
Coordinator
Assessment
12/31/2013
RETIREMENT
RIEDEL, Rick
PEER ASSISTANCE AND REVIEW (PAR) SUPPORT PROVIDER – 2013/2014
PARGA, Marcia
PAR Provider
Dickey ES
2013/2014
APPOINTMENT – EXTRA DUTY – DEPARTMENT CHAIR
STAUNTON, Marcia
BOLTON, David
WILSON, Lisa
ARAKAWA, Tanya
DIZON, Veronika
GIBBONS, MaryBeth
GIBBONS, MaryBeth
QUEZADA, Melissa
QUEZADA, Melissa
QUEZADA, Melissa
REGA, Michelle
BELL, Pam
4-6 Grade Level Chair
4-6 Grade Level Chair
K-1 Grade Level Chair
Pep Squad Advisor
Drama Director
Drama Director
Decathlon Advisor 8th
Activities Director
Drill Team Advisor
Pep Squad Advisor
Yearbook Advisor
Drill Team Advisor
November 7, 2013
Page 52
Cortez ES
Newman ES
Newman ES
Briggs K-8
Briggs K-8
Cal Aero K-8
Cal Aero K-8
Cal Aero K-8
Cal Aero K-8
Cal Aero K-8
Cal Aero K-8
Woodcrest JHS
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
CERTIFICATED PERSONNEL (cont.)
APPOINTMENT – EXTRA DUTY – DEPARTMENT CHAIR (cont.)
BERRY, Troy
BERRY, Troy
CASAS, Victor
DINH, Jaime
COOPER, Kelli
BEYER, Cassandra
WERNER, Heather
Decathlon Advisor 7th
Decathlon Advisor 8th
Woodcrest JHS
Woodcrest JHS
Dept. Chair Comp. Science Ayala HS
Dept. Chair ESL
Ayala HS
Junior Class Advisor
Don Lugo HS
Drill Team Advisor
Don Lugo HS
Choreographer
Don Lugo HS
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
DELETE – EXTRA DUTY – DEPARTMENT CHAIR
MOSS, Rochelle
BALARA, Phillip
MEHAFFIE, James
ROGERS, Nancy
PARK, Joanne
BEYER, Cassandra
WERNER, Heather
4-6 Grade Level Chair
Decathlon Advisor 8th
Decathlon Advisor 7th
Decathlon Advisor 8th
Dept. Chair ESL
Choreographer
Drill Team Advisor
Cortez ES
Ramona JHS
Ramona JHS
Ramona JHS
Ayala HS
Don Lugo HS
Don Lugo HS
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
Boys’ Basketball 8th (G)
Girls’ Basketball 8th (G)
Cheer (B)
Girls’ Water Polo (B)
Boys’ Soccer (G)
Girls’ Basketball (B)
Girls’ Water Polo (G)
Girls’ Basketball (G)
Girls’ Basketball (G)
Girls’ Water Polo (B)
Athletic Director (G)
Girls’ Basketball (G)
Boys’ Basketball (G)
Wrestling (G)
Ramona JHS
Ramona JHS
Ayala HS
Ayala HS
Ayala HS
Ayala HS
Chino HS
Chino HS
Chino HS
Chino Hills HS
Chino Hills HS
Don Lugo HS
Don Lugo HS
Don Lugo HS
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
10/18/2013
11/08/2013
11/08/2013
11/08/2013
Athletic Director (G)
Volleyball (G)
Ayala HS
Chino HS
10/18/2013
10/16/2013
APPOINTMENT – EXTRA DUTY
CABRERA, Richard
ROGERS, Nancy
LONG, Vanessa (NBM)
MOLINA, Jeffrey (NBM)
QUINTANA, Alex (NBM)
SHARMA, Ashwin (NBM)
HOWER, Josh
MORENO, Danice (NBM)
MORENO, Enrique (NBM)
HARREN, Ashley (NBM)
SCHULD, Jeffery
HIGHSTREET, Eric
THIGPEN, William
VILLINES, Richard (NBM)
DELETE – EXTRA DUTY
SCHULD, Jeffery
CRUZ, Ronald
November 7, 2013
Page 53
CERTIFICATED PERSONNEL (cont.)
APPOINTMENT OF CERTIFICATED SUBSTITUTES EFFECTIVE JULY 1, 2013,
THROUGH JUNE 30, 2014
AREVALO, Jose
CHANDLER, Amelia
DENNIS, Scott
GARCIA, Victoria
GRANT, Karla
KWAN, Trishia
RUIZ, Julia
SOTELO, Janeth
WEIK, Sarah
WOODS, Emily
November 7, 2013
Page 54
CLASSIFIED PERSONNEL
HIRED AT THE APPROPRIATE PLACEMENT
MANAGEMENT/CONFIDENTIAL SALARY SCHEDULE
NORTON, Thomas
Maintenance Supv. (GF)
ON
THE
Maintenance
CLASSIFIED
11/08/2013
HIRED AT THE APPROPRIATE PLACEMENT ON THE CLASSIFIED SALARY
SCHEDULE
PROMOTION
ROJAS, Nichole
FROM: Nutrition Services Chino HS
Assistant II (NS)
2.0 hrs./181 work days
TO: Assistant Principal
Ayala HS
Secretary (GF)
8.0 hrs./200 work days
11/08/2013
PANTALEON, Marie
FROM: Accountant II (GF) Facilities/Planning 11/08/2013
8 hrs./261 contract days
Business
TO: Finance Tech. (GF)
8 hrs./261 contract days
APPOINTMENT
ROBLEDO, Eilene
BENTO, Susy
ESPINOZA, Michelle
MCCOOL, Mary
REIS, Kristin
Nutrition Srvcs. Asst. I (NS)
Nutrition Srvcs. Asst. I (NS)
Nutrition Srvcs. Asst. I (NS)
IA/Sped. (SELPA/GF)
IA/Sped. (SELPA/GF)
Walnut ES
Cal Aero K-8
Cal Aero K-8
Don Lugo HS
Don Lugo HS
11/08/2013
11/08/2013
11/08/2013
11/08/2013
11/08/2013
Chino Hills HS
11/08/2013
CHANGE IN ASSIGNMENT/INCREASE IN HOURS
GRAGSON, Kimberly
FROM: Nutrition Srvcs.
Assistant I (NS)
5.5 hrs./181 work days
TO: Central Kitchen
Assistant I (NS)
6.5 hrs./181 work days
November 7, 2013
Page 55
Ramona JHS
CLASSIFIED PERSONNEL (cont.)
TRANSFER/INCREASE IN HOURS
VELD, Alyison
FROM: Nutrition Services Hidden Trails ES
Manager I (NS)
3.75 hrs./183 work days
TO: Nutrition Services
Borba ES
Manager I (NS)
6 hrs./183 work days
11/08/2013
PERSONAL LEAVE OF ABSENCE
PRADO, Catalina
Nutrition Services
Assistant I (NS)
Marshall ES
IA/Sped. (SELPA/GF)
Noon Ground Supv. (GF)
Custodian I (GF)
IA/Sped./SH (SELPA/GF)
IA/Childhood Ed. (CDF)
Personnel Clerk III (GF)
Cortez ES
Dickson ES
Briggs K-8
Woodcrest JHS
CARCICH, Mary
IA/Sped. (SELPA/GF)
Oak Ridge ES
06/06/2014
CARCICH, Robert
Custodian II (GF)
Briggs K-8
12/30/2013
BACCA, Cindee
Finance Technician (GF)
Business Services 12/30/2013
HOFF, Jeanette
Account Clerk II (GF)
Business Services 12/30/2013
MCCUNE-ONSEN, Joy
Bus Driver (GF)
Transportation
11/01/2013
GRANADOS, Roberto
Warehouse Delivery
Worker (GF)
Warehouse
10/28/2013
(Unpaid leave)
10/25/2013
through
11/18/2013
RESIGNATION
MURPHY, Erica
KENNEDY, Lori
LIDIKAY, Linda
GUTIERREZ, James
MARIN, Debra
NICHOLS, Katrina
11/07/2013
06/11/2013
11/08/2013
10/17/2013
Butterfield Ranch FC 11/08/2013
Human Resources 10/11/2013
RETIREMENT
(28 years of service)
(34 years of service)
(25 years of service)
(26 years of service)
(29 years of service)
(21 years of service)
APPOINTMENT OF CLASSIFIED SUBSTITUTES EFFECTIVE JULY 1, 2013,
THROUGH JUNE 30, 2014
AGUILERA, Maritza
AMICK, Carly
CARTER, Samantha
CORTINAS, Rachel
COTA, Theresa
November 7, 2013
Page 56
CLASSIFIED PERSONNEL (cont.)
APPOINTMENT OF CLASSIFIED SUBSTITUTES EFFECTIVE JULY 1, 2013,
THROUGH JUNE 30, 2014 (cont.)
FUTCH, Yvette
GARCIA, Alicia
GONZALES, Jennifer
GUARACHA, Erma
GUERRERO, Gilberto
HAMILTON, Bernice
HOEGEL-PAVELSKY, Vanessa
LYNDES, Drenna
MARTIN, Brandon
MARTIN, Wanda
ORNELAS, Victoria
SANTOYO, Jordan
SCHNEIDER, Kimberly
SEPULVEDA, Norma
SLIPICH, Amanda
VALDIVIA, Veronica
(504)
= Federal Law for Individuals with Handicaps
(ACE)
= Ace Driving School
(ASB)
= Associated Student Body
(ASF)
= Adult School Funded
(ATE)
= Alternative to Expulsion
(B)
= Booster Club
(BTSA) = Beginning Teacher Support & Assessment
(C)
= Categorically Funded
(CAHSEE)= California High School Exit Exam
(CC)
= Children’s Center (Marshall)
(CDF)
= Child Development Fund
(CSR)
= Class Size Reduction
(CVLA) = Chino Valley Learning Academy
(E-rate) = Discount Reimbursements for Telecom.
(G)
= Grant Funded
(GF)
= General Fund
(HBE)
= Home Base Education
(MM)
= Measure M – Fund 21
(MAA)
= Medi-Cal Administrative Activities
(NBM)
= Non-Bargaining Member
(ND)
= Neglected and Delinquent
(NS)
= Nutrition Services Budget
(OPPR) = Opportunity Program
(PFA)
= Parent Faculty Association
(R)
= Restricted
(ROP)
= Regional Occupation Program
(SAT)
= Saturday School
(SB813) = Medi-Cal Admin. Activities Entity Fund
(SELPA) = Special Education Local Plan Area
(SOAR) = Students on a Rise
(SPEC) = Spectrum Schools
(SS)
= Summer School
(SWAS) = School within a School
(VA)
= Virtual Academy
(WIA)
= Workforce Investment Act
November 7, 2013
Page 57
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Norm Enfield, Ed.D., Assistant Superintendent, Human Resources
Daniel P. Mellon, ARM-P, Director, Risk Management and Human
Resources
SUBJECT:
REJECTION OF CLAIM
====================================================================
BACKGROUND
Claim 13-10-16 submitted on October 1, 2013, by Michael Manning, a resident that lives
adjacent to Briggs ES. Claimant alleges that his window in the rear of his home was
broken due to students constantly throwing rocks over the fence from the school
grounds. Claimant makes a settlement demand for reimbursement of the replacement
window of $207.00.
The Board is requested to reject the claim against the District to allow the insurance
carriers to investigate the merits of the claim and make a recommendation regarding
disposition.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education reject the claim and refer it to the District’s
insurance adjuster.
FISCAL IMPACT
Unknown at present.
WMJ:NE:DPM:lag
November 7, 2013
Page 58
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY:
Norm Enfield, Ed.D., Assistant Superintendent, Human Resources
Michelle J. Harold, Ed.D., Director, Human Resources
Grace Park, Ed.D., Director, Human Resources
SUBJECT:
REVISION OF BYLAWS OF THE BOARD AND EXHIBIT 9270 –
CONFLICT OF INTEREST
====================================================================
BACKGROUND
Board policies, administrative regulations, and bylaws of the Board are routinely
developed and revised as a result of changes in law, mandates, federal regulations, and
current practice. The revision of Bylaws of the Board and Exhibit 9270 – Conflict of
Interest is being revised in accordance with Government Code 87306.5. This agenda
item was presented to the Board of Education on October 17, 2013, for information.
At its regular meeting on November 1, 2012, the Board of Education adopted Resolution
2012/2013-25 authorizing the submission of the District’s proposed revisions to its
Conflict of Interest code to the Board of Supervisors of San Bernardino County for
approval. Subsequently, the Board of Supervisors approved the revisions.
New language is provided in UPPER CASE while old language to be deleted is lined
through.
Approval of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education approve the revision of Bylaws of the Board
and Exhibit 9270 – Conflict of Interest.
FISCAL IMPACT
None.
WMJ:NE:MJH:GP:smr
November 7, 2013
Page 59
Bylaws of the Board
BB 9270(a)
Conflict of Interest
Incompatible OFFICES AND Activities
Board of Education members AND EMPLOYEES shall not engage in any employment
or activity which is inconsistent with, incompatible with, in conflict with or inimical to
THEIR the Board member's duties WITH as an officer of the District. (Government Code
1099 AND 1126)
Conflict of Interest Code
Board members and designated employees shall adhere to the District's Conflict of
Interest Code adopted pursuant to the provisions of Government Code 87300. This
code shall comprise the terms of the California Code of Regulations, Title 2, 18730 and
any amendments to it duly adopted by the Fair Political Practices Commission (FPPC),
together with a District attachment specifying designated positions and the specific
types of disclosure required for each position.
Board members and designated employees shall submit statements of economic
interests to the District in accordance with requirements of the Conflict of Interest Code.
These statements shall be available for public inspection and reproduction.
(Government Code 81008)
Upon receiving the statements of Board members and the Superintendent, the District
shall make and retain a copy and shall forward the original to the code reviewing body.
Statements for all other designated employees will be retained by the DIVISION OF
HUMAN RESOURCES AT THE District OFFICE.
When reviewing and preparing conflict of interest codes, the District shall provide
officers, employees, consultants and members of the community adequate notice and a
fair opportunity to present their views. (Government Code 87311)
The Board shall review the District's conflict of interest code in even-numbered years
and send the code reviewing body either an amended code, BY OCTOBER 1 OF THAT
YEAR, or a statement to the effect that no change is necessary. (Government Code
87306.5)
Financial Interest
THE DETERMINATION AS TO WHETHER A CONFLICT OF INTEREST EXISTS
MUST BE ANALYZED UNDER TWO SEPARATE SETS OF STATUTES: (1) THE
CONFLICT OF INTEREST PROVISIONS OF THE POLITICAL REFORM ACT (PRA)
(GOVERNMENT CODE 87100-87500.1), AND (2) GOVERNMENT CODE 1090-1098.
November 7, 2013
Page 60
BB 9270(b)
Conflict of Interest (cont.)
THE FPPC HAS ADOPTED AN EIGHT-STEP ANALYSIS DETAILED IN
GOVERNMENT CODE 87100-87500, TITLE 2 CALIFORNIA CODE OF
REGULATIONS 18700-18755, AND INTERPRETIVE OPINIONS, TO DETERMINE
WHETHER A CONFLICT OF INTEREST EXISTS UNDER THE PRA. A BOARD
MEMBER OR DESIGNATED EMPLOYEE SHALL NOT MAKE, PARTICIPATE IN
MAKING, OR IN ANY WAY USE OR ATTEMPT TO USE HIS OR HER OFFICIAL
POSITION TO INFLUENCE A GOVERNMENTAL DECISION IN WHICH HE OR SHE
KNOWS OR HAS REASON TO KNOW THAT HE OR SHE HAS A DISQUALIFYING
CONFLICT OF INTEREST. A CONFLICT OF INTEREST EXISTS IF THE DECISION
WILL HAVE A “REASONABLY FORSEEABLE MATERIAL FINANCIAL EFFECT” ON
ONE OR MORE OF THE BOARD MEMBER’S OR DESIGNATED EMPLOYEE’S
“ECONOMIC INTERESTS,” UNLESS THE EFFECT IS INDISTINGUISHABLE FROM
THE EFFECT ON THE PUBLIC GENERALLY OR THE BOARD MEMBER’S OR
DESIGNATED EMPLOYEE’S PARTICIPATION IS LEGALLY REQUIRED.
PURSUANT TO GOVERNMENT CODE 1090, Board members and designated
employees shall not be financially interested in any contract made by the Board or in
any contract they make in their capacity as Board members or designated employees.
(Government Code 1090)
A Board member shall not be considered to be financially interested in a contract if any
of the exceptions set forth in Government Code 1091.5 apply.
A Board member shall not be deemed to be financially interested in a contract if he or
she has only a remote interest in the contract and if the remote interest is disclosed
during a Board meeting and noted in the official Board minutes. The affected Board
member shall not vote or debate on the matter or attempt to influence any other Board
member to enter into the contract. A rRemote interests SHALL BE ANY OF THOSE
DEFINED are specified in Government Code 1091(b) they includeING the interest of a
parent in the earnings of his/her minor child. (Government Code 1091)
A Board member shall not be deemed to be financially interested in a contract between
THE BOARD MEMBER’S his or her spouse and the District provided the contract
concerns the same employment as that held by the spouse when the Board member
was elected or appointed, and provided the spouse has been employed by the district in
that same position for at least one (1) year prior to the Board member's election or
appointment. (Government Code 1091.5(a)(6) and 69 Ops. Cal. Atty. Gen. 255)
If a Board member or designated employee determines that he or she has a financial
interest in a decision, THIS DETERMINATION SHALL BE DISCLOSED AND MADE
PART OF THE BOARD’S OFFICIAL MINUTES. IN THE CASE OF A DESIGNATED
EMPLOYEE, THIS ANNOUNCEMENT SHALL BE MADE IN WRITING AND
November 7, 2013
Page 61
BB 9270(c)
Conflict of Interest (cont.)
SUBMITTED TO THE BOARD. (CODE OF REGULATIONS, TITLE 2, 18700)
PURSUANT TO GOVERNMENT CODE 87105, A BOARD MEMBER’S DISCLOSURE
OF A FINANCIAL INTEREST MUST INCLUDE DETAIL SUFFICIENT TO BE
UNDERSTOOD BY THE PUBLIC, EXCEPT THAT DISCLOSURE OF THE EXACT
STREET ADDRESS OF A RESIDENCE IS NOT REQUIRED. ADDITIONALLY, THE
BOARD MEMBER MUST RECUSE HIMSELF OR HERSELF FROM DISCUSSING
AND VOTING ON THE MATTER AND ALSO LEAVE THE ROOM UNTIL AFTER THE
DISCUSSION, VOTE, AND ANY OTHER DISPOSITION OF THE MATTER IS
CONCLUDED, UNLESS THE MATTER HAS BEEN PLACED ON THE PORTION OF
THE AGENDA RESERVED FOR UNCONTESTED MATTERS. IF THE ITEM IS ON
THE CONSENT CALENDAR, THE BOARD MEMBER MUST RECUSE HIMSELF OR
HERSELF FROM DISCUSSING OR VOTING ON THAT MATTER, BUT THE BOARD
MEMBER IS NOT REQUIRED TO LEAVE THE ROOM DURING CONSIDERATION OF
THE CONSENT CALENDAR. he/she must publicly announce the economic interest
involved and the fact that he/she is disqualifying himself/herself from any participation in
the decision. In the case of a designated employee, this announcement shall be made
in writing and submitted to the Board. (Code of Regulations, Title 2, Section 18700)
A BOARD MEMBER SHALL ABSTAIN FROM VOTING ON PERSONNEL MATTERS
THAT UNIQUELY AFFECT A RELATIVE OF THE BOARD MEMBER. A BOARD
MEMBER MAY VOTE; HOWEVER, ON COLLECTIVE BARGAINING AGREEMENTS
AND PERSONNEL MATTERS THAT AFFECT A CLASS OF EMPLOYEES TO WHICH
THE RELATIVE BELONGS. (EDUCATION CODE 35107)
Gifts/Honoraria
Pursuant to Title 2, Section 18932.4, "honorarium" does not include: (1) a payment
received from the Board member or designated employee's spouse, child, parent,
grandparent, grandchild, brother, sister, parent-inlaw, brother-in-law, sister-in-law,
nephew, niece, aunt, uncle, or first cousin or the spouse of any such person unless the
donor is acting as an intermediary for a person not herein identified; (2) a personalized
plaque or trophy worth less than $250; (3) transportation, lodging, subsistence,
admission or other noncash benefits provided in connection with participation or
attendance at a public or private conference, convention, meeting, gathering or social
event.
Except as reimbursement for actual travel expenses and reasonable related
subsistence, Board members and designated employees shall not accept from any
single source in any calendar year any gifts in excess of the prevailing gift limitation
specified in law. (Government Code 89501) DESIGNATED EMPLOYEES SHALL NOT
ACCEPT GIFTS FROM ANY SINGLE SOURCE IN ANY CALENDAR YEAR IN
EXCESS OF THE PREVAILING GIFT LIMITATION SPECIFIED IN LAW IF THE
November 7, 2013
Page 62
BB 9270(d)
Conflict of Interest (cont.)
EMPLOYEE WOULD BE REQUIRED TO REPORT THE RECEIPT OF THE GIFTS
FROM THAT SOURCE ON HIS OR HER STATEMENT OF ECONOMIC INTERESTS.
(GOVERNMENT CODE 89503)
The above limitation does not apply to any gift from an individual's spouse, child, parent,
grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law,
nephew, niece, aunt, uncle or first cousin or the spouse of any such person unless the
donor is acting as an agent or intermediary for a person not herein identified. (CODE
OF REGULATIONS, Title 2, 18942)
Board members, WITHOUT REGARD TO WHETHER AN HONORARIUM IS
REQUIRED TO BE REPORTED, and designated employees, IF REQUIRED TO
REPORT AN HONORARIUM ON HIS OR HER STATEMENT OF ECONOMIC
INTEREST, shall not accept any honorarium, which is defined as any payment made in
consideration for any speech given, article published, or attendance at any public or
private gathering. This prohibition does not apply to earned income for personal
services customarily provided in connection with a bona fide business, trade or
profession unless the sole or predominant activity of the business, trade or profession is
making speeches, OR ANY HONORARIUM WHICH IS NOT USED AND, WITHIN 30
DAYS OF RECEIPT, IS EITHER RETURNED TO THE DONOR OR DELIVERED TO
THE DISTRICT FOR DONATION INTO THE GENERAL FUND WITHOUT BEING
CLAIMED AS A DEDUCTION FROM INCOME FOR TAX PURPOSES. (Government
Code 89501 and 89502)
Legal Reference:
EDUCATION CODE
1006 Qualifications for holding office
35107 School district employees
35233 Prohibitions applicable to members of governing boards
GOVERNMENT CODE
1090-1098 Prohibitions applicable to specified officers
1125-1129 Incompatible activities
81000-91015 Political Reform Act of 1974, especially:
82019 Definition of "Designated Employee"
82028 Definition of "Gifts"
82030 Definition of "Income"
82033 Definition of "Interest in real property"
82034 Definition of "Investment"
87100-87103.6 General prohibitions
87200-87210 Disclosure
87300-87313 Conflict of interest code
87500 Statements of economic interests
89501-89505 Honoraria and gifts
91000-91015 Enforcement
November 7, 2013
Page 63
BB 9270(e)
Conflict of Interest (cont.)
CODE OF REGULATIONS, TITLE 2
18100 et seq. Regulations of the Fair Political Practices Commission
68 Ops.Cal.Atty.Gen. 171 (1985)
65 Ops.Cal.Atty.Gen. 606 (1982)
Chino Valley Unified School District
Bylaws adopted: August 17, 1995
REVISED:
November 7, 2013
Page 64
E 9270(a)
Regulations of the
FAIR POLITICAL PRACTICES COMMISSION
Title 2, Division 6
of the
California Code of Regulations
18730. Provisions of Conflict of Interest Codes
Incorporation by reference of the terms of this regulation along with the designation of
employees and the formulation of disclosure categories in the Appendix referred to
below constitute the adoption and promulgation of a conflict of interest code within the
meaning of Government Code 87300 or the amendment of a conflict of interest code
within the meaning of Government Code 87307 if the terms of this regulation are
substituted for terms of a conflict of interest code already in effect. A code so amended
or adopted and promulgated requires the reporting of reportable items in a manner
substantially equivalent to the requirements of Article 2 of Chapter 7 of the Political
Reform Act, Government Code 81000 et seq. The requirements of a conflict of interest
code are in addition to other requirements of the Political Reform Act, such as the
general prohibition against conflicts of interest contained in Government Code 87100,
and to other state or local laws pertaining to conflicts of interest.
The terms of a conflict of interest code amended or adopted and promulgated pursuant
to this regulation are as follows:
1.
Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the
Fair Political Practices Commission (2 California Code of Regulations, Title 2,
18100 et seq.), and any amendments to the Act or regulations, are incorporated
by reference into this conflict of interest code.
2.
Section 2. Designated Employees.
The persons holding positions listed in the Appendix are designated employees.
It has been determined that these persons make or participate in the making of
decisions which may foreseeably have a material effect on financial interests.
3.
Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated
employees who are also specified in Government Code 87200 if they are
designated in this code in that same capacity or if the geographical jurisdiction of
this agency is the same as or is wholly included within the jurisdiction in which
those persons must report their financial interests pursuant to Article 2 of Chapter
November 7, 2013
Page 65
E 9270(b)
7 of the Political Reform Act, Government Code 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated
employees who are designated in a conflict of interest code for another agency, if all of
the following apply:
a.
The geographical jurisdiction of this agency is the same as or is wholly included
within the jurisdiction of the other agency;
b.
The disclosure assigned in the code of the other agency is the same as that
required under Article 2 of Chapter 7 of the Political Reform Act, Government
Code 87200; and
c.
The filing officer is the same for both agencies.1/
Such persons are covered by this code for disqualification purposes only. With respect
to all other designated employees, the disclosure categories set forth in the Appendix
specify which kinds of ECONOMIC financial interests are reportable. Such a designated
employee shall disclose in his or her statement of economic interests those financial
interests he or she has which are of the kind described in the disclosure categories to
which he or she is assigned in the Appendix. It has been determined that the
ECONOMIC financial interests set forth in a designated employee's disclosure
categories are the kinds of ECONOMIC financial interests which he or she foreseeably
can affect materially through the conduct of his or her office.
4.
Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code
to file statements of economic interests with the agency or with the code
reviewing body, as provided by the code reviewing body in the agency's conflict
2/
of interest code.
5.
Section 5. Statements of Economic Interests: Time of Filing.
a.
Initial Statements. All designated employees employed by the agency on
the effective date of this code, as originally adopted, promulgated and
approved by the code reviewing body, shall file statements within 30 days
after the effective date of this code. Thereafter, each person already in a
position when it is designated by an amendment to this code shall file an
initial statement within 30 days after the effective date of the amendment.
November 7, 2013
Page 66
E 9270(c)
b.
Assuming Office Statements. All persons assuming designated positions
after the effective date of this code shall file statements within 30 days
after assuming the designated positions, or if subject to State Senate
confirmation, 30 days after being nominated or appointed.
c.
Annual Statements. All designated employees shall file statements no
later than April 1.
d.
Leaving Office Statements. All persons who leave designated positions
shall file statements within 30 days after leaving office.
(5.5) Section 5.5 Statements for Persons Who Resign Prior to Assuming Office.
Any person, who resigns within 12 months of initial appointment, or within 30 days of
the date of notice provided by the filing officer to file an assuming office statement, is
not deemed to have assumed office OR LEFT OFFICE, PROVIDED HE OR SHE did
not make or participate in the making of, or use his or her position to influence any
decision and did not receive or become entitled to receive any form of payment as a
result of his or her appointment. Such persons shall not file either an assuming or
leaving office statement.
a.
6.
Any person who resigns a position within 30 days of the date of a notice
from the filing officer shall do both of the following:
1.
File a written resignation with the appointing power; and
2.
File a written statement with the filing officer declaring under
penalty of perjury that during the period between appointment and
resignation he or she did not make, participate in making or use the
position to influence any decision of the agency or receive, or
become entitled to receive, any form of payment by virtue of being
appointed to the position.
Section 6. Contents of and Period Covered by Statements of Economic Interests.
a.
Contents of Initial Statements. Initial statements shall disclose any
reportable investments, interests in real property and business positions
held on the effective date of the code and income received during the 12
months prior to the effective date of the code.
b.
Contents of Assuming Office Statements. Assuming office statements
shall disclose any reportable investments, interests in real property and
business positions held on the date of assuming office or, if subject to
State Senate confirmation or appointment, on the date of nomination, and
November 7, 2013
Page 67
E 9270(d)
income received during the 12 months prior to the date of assuming office
or the date of being appointed or nominated, respectively.
7.
c.
Contents of Annual Statements. Annual statements shall disclose any
reportable investments, interests in real property, income and business
positions held or received during the previous calendar year provided,
however, that the period covered by an employee's first annual statement
shall begin on the effective date of the code or the date of assuming office,
whichever is later OR FOR A BOARD OR COMMISSION MEMBER
SUBJECT TO GOVERNMENT CODE 87302.6, THE DAY AFTER THE
CLOSING DATE OF THE MOST RECENT STATEMENT FILED BY THE
MEMBER PURSUANT TO 2 CALIFORNIA CODE OF REGULATIONS,
18754.
d.
Contents of Leaving Office Statements. Leaving office statements shall
disclose reportable investments, interests in real property, income and
business positions held or received during the period between the closing
date of the last statement filed and the date of leaving office.
Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair
Political Practices Commission and supplied by the agency, and shall contain the
following information:
a.
Investments and Real Property Disclosure. When an investment or an
3/
4/
interest in real property is required to be reported , the statement shall
contain the following:
1.
A statement of the nature of the investment or interest;
2.
The name of the business entity in which each investment is held,
and a general description of the business activity in which the
business entity is engaged;
3.
The address or other precise location of the real property;
4.
A statement whether the fair market value of the investment or
interest in real property EQUAL OR exceeds TWO THOUSAND
DOLLARS ($21,000.00), exceeds TEN THOUSAND DOLLARS
($10,000.00),
or
exceeds
ONE
MILLION
DOLLARS
($100,000,000.00).
November 7, 2013
Page 68
E 9270(e)
b.
c.
d.
Personal Income Disclosure. When personal income is required to be
5/
reported , the statement shall contain:
1.
The name and address of each source of income aggregating FIVE
HUNDRED DOLLARS ($500.00250) or more in value or FIFTY
DOLLARS ($50.00) or more in value if the income was a gift, and a
general description of the business activity, if any, of each source;
2.
A statement OF whether the aggregate value of income from each
source, or in the case of a loan, the highest amount owed to each
source, was ONE THOUSAND DOLLARS ($1,000.00) or less,
greater than ONE THOUSAND DOLLARS ($1,000.00), or greater
than TEN THOUSAND DOLLARS ($10,000.00) OR GREATER
THAN ONE HUNDRED THOUSAND DOLLARS ($100,000.00);
3.
A description of the consideration, if any, for which the income was
received;
4.
In the case of a gift, the name, address and business activity of the
donor and any intermediary through which the gift was made; a
description of the gift; the amount or value of the gift; and the date
on which the gift was received;
5.
In the case of a loan, the annual interest rate and the security, if
any, given for the loan AND THE TERM OF THE LOAN.
Business Entity Income Disclosure. When income of a business entity,
6/
including income of a sole proprietorship, is required to be reported , the
statement shall contain:
1.
The name, address, and a general description of the business
activity of the business entity;
2.
The name of every person from whom the business entity received
payments if the filer's pro rata share of gross receipts from such
person was equal to or greater than TEN THOUSAND DOLLARS
($10,000.00).
Business Position Disclosure. When business positions are required to be
reported, a designated employee shall list the name and address of each
business entity in which he or she is a director, officer, partner, trustee,
employee, or in which he or she holds any position of management, a
description of the business activity in which the business entity is
engaged, and the designated employee's position with the business entity.
November 7, 2013
Page 69
E 9270(f)
e.
8.
Acquisition or Disposal During Reporting Period. In the case of an annual
or leaving office statement, if an investment or an interest in real property
was partially or wholly acquired or disposed of during the period covered
by the statement, the statement shall contain the date of acquisition or
disposal.
Section 8. Prohibition on Receipt of Honoraria.
a.
No member of A STATE BOARD OR COMMISSION, the Board of
Education of a special district or AND NO designated employee of a
STATE OR local government agency shall accept any honorarium FROM
ANY SOURCE ON HIS OR HER ECONOMIC INTERESTS. This section
shall not APPLY TO ANY PART-TIME MEMBER OF THE GOVERNING
BOARD OF ANY PUBLIC INSTITUTION OF HIGHER EDUCATION,
UNLESS THE MEMBER IS ALSO AN ELECTED OFFICIAL.
Subdivisions (A), (b), (c), and (e) of Government Code 89501 89502 shall apply
to the prohibitions in this section.
THIS SECTION SHALL NOT limit or prohibit payments, advances, or
reimbursements for travel and related lodging and subsistence authorized by
Government Code 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts of $420. 280 or more
a.
No member of A STATE BOARD OR COMMISSION, AND NO the Board
of Education of a special district, or designated employee of a STATE OR
local government agency shall accept any gifts with a total value of more
than $420.00 280 in a calendar year from any single source, IF THE
MEMBER OR EMPLOYEE WOULD BE REQUIRED TO REPORT THE
RECEIPT OF INCOME OR GIFTS FROM THAT SOURCE ON HIS OR
HER STATEMENT OF ECONOMIC INTERESTS.
THIS SECTION
SHALL NOT APPLY TO ANY PART-TIME MEMBER OF THE
GOVERNING BOARD OF ANY PUBLIC INSTITUTION OF HIGHER
EDUCATION, UNLESS THE MEMBER IS ALSO AN ELECTED
OFFICIAL.
Subdivision (E), (F), AND (G) (d) of Government Code 89503 89504 shall apply
to this section.
November 7, 2013
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(8.2) SECTION 8.2. LOANS TO PUBLIC OFFICIALS.
A.
NO ELECTED OFFICER OF A STATE OR LOCAL GOVERNMENT
AGENCY SHALL, FROM THE DATE OF HIS OR HER ELECTION TO
OFFICE THROUGH THE DATE THAT HE OR SHE VACATES OFFICE,
RECEIVE A PERSONAL LOAN FROM ANY OFFICER, EMPLOYEE,
MEMBER, OR CONSULTANT OF THE STATE OR LOCAL
GOVERNMENT AGENCY IN WHICH THE ELECTED OFFICER HOLDS
OFFICE OR OVER WHICH THE ELECTED OFFICER’S AGENCY HAS
DIRECTION AND CONTROL.
B.
NO PUBLIC OFFICIAL WHO IS EXEMPT FROM THE STATE CIVIL
SERVICE SYSTEM PURSUANT TO SUBDIVIONS (C), (D), (E), (F), AND
(G) OF SECTION 4 OF ARTICLE VII OF THE CONSTITUTION SHALL,
WHILE HE OR SHE HOLDS OFFICE, RECEIVE A PERSONAL LOAN
FROM ANY OFFICER, EMPLOYEE, MEMBER, OR CONSULTANT OF
THE STATE OR LOCAL GOVERNMENT AGENCY IN WHICH THE
PUBLIC OFFICIAL HOLDS OFFICE OR OVER WHICH THE PUBLIC
OFFICIAL’S AGENCY HAS DIRECTION AND CONTROL. THIS
SUBDIVISION SHALL NOT APPLY TO LOANS MADE TO A PUBLIC
OFFICIAL WHOSE DUTIES ARE SOLELY SECRETARIAL, CLERICAL,
OR MANUAL.
C.
NO ELECTED OFFICER OF A STATE OR LOCAL GOVERNMENT
AGENCY SHALL, FROM THE DATE OF HIS OR HER ELECTION TO
OFFICE THROUGH THE DATE THAT HE OR SHE VACATES OFFICE,
RECEIVE A PERSON LOAN FROM ANY PERSON WHO HAS A
CONTRACT WITH THE STATE OR LOCAL GOVERNMENT AGENCY
TO WHICH THAT ELECTED OFFICER HAS BEEN ELECTED OR OVER
WHICH THAT ELECTED OFFICER’S AGENCY HAS DIRECTION AND
CONTROL. THIS SUBDIVISION SHALL NOT APPLY TO LOANS MADE
BY BANKS OR OTHER FINANCIAL INSTITUTIONS OR TO ANY
INDEBTEDNESS CREATED AS PART OF A RETAIL INSTALLMENT OR
CREDIT CARD TRANSACTION, IF THE LOAN IS MADE OR THE
INDEBTEDNESS CREATED IN THE LENDER’S REGULAR COURSE OF
BUSINESS ON TERMS AVAILABLE TO MEMBERS OF THE PUBLIC
WITHOUT REGARD TO THE ELECTED OFFICER’S OFFICIAL STATUS.
D.
NO PUBLIC OFFICIAL WHO IS EXEMPT FROM THE STATE CIVIL
SERVICE SYSTEM PURSUANT TO SUBDIVISION (C), (D), (E), (F), AND
(G) OF SECTION 4 OF ARTICLE VII OF THE CONSTITUTION SHALL,
WHILE HE OR SHE HOLDS OFFICE, RECEIVE A PERSONAL LOAN
FROM ANY PERSON WHO HAS A CONTRACT WITH THE STATE OR
LOCAL GOVERNMENT AGENCY TO WHICH THAT ELECTED
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OFFICER HAS BEEN ELECTED OR OVER WHICH THAT ELECTED
OFFICER’S AGENCY HAS DIRECTION AND CONTROL. THIS
SUBDIVISION SHALL NOT APPLY TO LOANS MADE BY BANKS OR
OTHER FINANCIAL INSTITUTIONS OR TO ANY INDEBTEDNESS
CREATED AS PART OF A RETAIL INSTALLMENT OR CREDIT CARD
TRANSACTION, IF THE LOAN IS MADE OR THE INDEBTEDNESS
CREATED IN THE LENDER’S REGULAR COURSE OF BUSINESS ON
TERMS AVAILABLE TO MEMBERS OF THE PUBLIC WITHOUT
REGARD TO THE ELECTED OFFICER’S OFFICIAL STATUS. THIS
SUBDIVISION SHALL NOT APPLY TO LOANS MADE TO A PUBLIC
OFFICIAL WHOSE DUTIES ARE SOLELY SECRETARIAL, CLERICAL,
OR MANUAL.
E.
THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
1.
LOANS MADE TO THE CAMPAIGN COMMITTEE OF AN
ELECTED OFFICER OR CANDIDATE FOR ELECTIVE OFFICE.
2.
LOANS MADE BY A PUBLIC OFFICIAL’S SPOUSE, CHILD,
PARENT, GRANDPARENT, GRANDCHILD, BROTHER, SISTER,
PARENT-IN-LAW,
BROTHER-IN-LAW,
SISTER-IN-LAW,
NEPHEW, NIECE, AUNT, UNCLE, OR FIRST COUSIN, OR THE
SPOUSE OF ANY SUCH PERSONS, PROVIDED THAT THE
PERSON MAKING THE LOAN IS NOT ACTING AS AN AGENT
OF INTERMEDIARY FOR ANY PERSON NOT OTHERWISE
EXEMPTED UNDER THIS SECTION.
3.
LOANS FROM A PERSON WHICH, IN THE AGGREGATE, DO
NOT EXCEED FIVE HUNDRED DOLLARS ($500.00) AT ANY
GIVEN TIME.
4.
LOANS MADE, OR
JANUARY 1, 1998.
OFFERED
IN
WRITING,
BEFORE
(8.3) SECTION 8.3. LOAN TERMS.
A.
EXCEPT AS SET FORTH IN SUBDIVISION (B), NO ELECTED OFFICER
OF A STATE OR LOCAL GOVERNMENT AGENCY SHALL, FROM THE
DATE OF HIS OR HER ELECTION THROUGH THE DATE HE OR SHE
VACATES OFFICE, RECEIVE A PERSONAL LOAN OF FIVE HUNDRED
DOLLARS ($500.00) OR MORE, EXCEPT WHEN THE LOAN IS IN
WRITING AND CLEARLY STATES THE TERMS OF THE LOAN,
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INCLUDING THE PARTIES TO THE LOAN AGREEMENT, AMOUNT OF
THE LOAN, DATE OF THE LOAN, TERM OF THE LOAN, DATE OR
DATES WHEN PAYMENTS SHALL BE DUE ON THE LOAN AND THE
AMOUNT OF THE PAYMENTS AND THE RATE OF INTEREST PAID ON
THE LOAN.
B.
THIS SECTION SHALL NOT APPLY TO THE FOLLOWING TYPES OF
LOANS:
1.
LOANS MADE TO THE CAMPAIGN COMMITTEE OF THE
ELECTED OFFICER.
2.
LOANS MADE BY A PUBLIC OFFICIAL’S SPOUSE, CHILD,
PARENT, GRANDPARENT, GRANDCHILD, BROTHER, SISTER,
PARENT-IN-LAW,
BROTHER-IN-LAW,
SISTER-IN-LAW,
NEPHEW, NIECE, AUNT, UNCLE, OR FIRST COUSIN, OR THE
SPOUSE OF ANY SUCH PERSONS, PROVIDED THAT THE
PERSON MAKING THE LOAN IS NOT ACTING AS AN AGENT
OF INTERMEDIARY FOR ANY PERSON NOT OTHERWISE
EXEMPTED UNDER THIS SECTION.
3.
LOANS MADE, OR OFFERED IN WRITING, BEFORE JANUARY
1, 1998.
4.
NOTHING IN THIS SECTION SHALL EXEMPT ANY PERSON
FROM ANY OTHER PROVISION OF TITLE 9 OF THE
GOVERNMENT CODE.
(8.4) SECTION 8.4. PERSONAL LOANS.
A.
EXCEPT AS SET FORTH IN SUBDIVISION (B), A PERSONAL LOAN
RECEIVED BY ANY DESIGNATED EMPLOYEE SHALL BECOME A
GIFT TO THE DESIGNATED EMPLOYEE FOR THE PURPOSES OF
THIS SECTION IN THE FOLLOWING CIRCUMSTANCE:
1.
IF THE LOAN HAS A DEFINED DATE OR DATES FOR
REPAYMENT, WHEN THE STATUTE OF LIMITATIONS FOR
FILING AN ACTION FOR DEFAULT HAS EXPIRED.
2.
IF THE LOAN HAS NO DEFINED DATE OR DATES FOR
REPAYMENT, WHEN ONE YEAR HAS ELAPSED FROM THE
LATER OF THE FOLLOWING:
A.
THE DATE THE LOAN WAS MADE.
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B.
C.
9.
B.
THE DATE THE LAST PAYMENT OF ONE HUNDRED DOLLARS
($100.00) OR MORE WAS MADE ON THE LOAN.
C.
THE DATE UPON WHICH THE DEBTOR HAS MADE PAYMENTS
ON THE LOAN AGGREGATING TO LESS THAN TWO HUNDRED
FIFTY DOLLARS ($250.00) DURING THE PREVIOUS 12
MONTHS.
THIS SECTION SHALL NOT APPLY TO THE FOLLOWING TYPES OF
LOANS:
1.
A LOAN MADE TO THE CAMPAIGN COMMITTEE OF AN
ELECTED OFFICER OR A CANDIDATE FOR ELECTIVE OFFICE.
2.
A LOAN THAT WOULD OTHERWISE NOT BE A GIFT AS
DEFINED IN THIS TITLE.
3.
A LOAN THAT WOULD OTHERWISE BE A GIFT AS SET FORTH
UNDER SUBDIVISION (A), BUT ON WHICH THE CREDITOR
HAS TAKEN REASONABLE ACTION TO COLLECT THE
BALANCE DUE.
4.
A LOAN THAT WOULD OTHERWISE BE A GIFT AS SET FORTH
UNDER SUBDIVISION (A), BUT ON WHICH THE CREDITOR,
BASED ON REASONABLE BUSINESS CONSIDERATIONS, HAS
NOT UNDERTAKEN COLLECTION ACTION. EXCEPT IN A
CRIMINAL ACTION, A CREDITOR WHO CLAIMS THAT A LOAN
IS NOT A GIFT ON THE BASIS OF THIS PARAGRAPH HAS THE
BURDEN OF PROVING THAT THE DECISION FOR NOT TAKING
COLLECTION ACTION WAS BASED ON REASONABLE
BUSINESS CONSIDERATIONS.
5.
A LOAN MADE TO A DEBTOR WHO HAS FILED FOR
BANKRUPTCY AND THE LOAN IS ULTIMATELY DISCHARGED
IN BANKRUPTCY.
NOTHING IN THIS SECTION SHALL EXEMPT ANY PERSON FROM
ANY OTHER PROVISIONS OF TITLE 9 OF THE GOVERNMENT CODE.
Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt
to use his or her official position to influence the making of any governmental
decision which he or she knows or has reason to know will have a reasonably
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foreseeable material financial effect, distinguishable from its effect on the public
generally, on the official or a member of his or her immediate family or on:
a.
Any business entity in which the designated employee has a direct or
indirect investment worth TWO THOUSAND DOLLARS ($21,000.00) or
more;
b.
Any real property in which the designated employee has a direct or
indirect interest worth TWO THOUSAND DOLLARS ($21,000.00) or more;
c.
Any source of income, other than gifts and other than loans by a
commercial lending institution in the regular course of business on terms
available to the public without regard to official status, aggregating
$500.00250 or more in value provided to, received by or promised to the
designated employee within 12 months prior to the time when the decision
is made;
d.
Any business entity in which the designated employee is a director, officer,
partner, trustee, employee, or holds any position or management; or
e.
Any donor of, or any intermediary or agent for a donor of, a gift or gifts
aggregating $420.00250 or more in value provided to, received by, or
promised to the designated employee within 12 months prior to the time
when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the
making of any decision to the extent his or her participation is legally required for
the decision to be made. The fact that the vote of a designated employee who is
on a voting body is needed to break a tie VOTE does not make his or her
participation legally required for purposes of this section.
(9.5) SECTION 9.5 DISQUALIFICATION OF STATE OFFICERS AND EMPLOYEES.
IN ADDITION TO THE GENERAL DISQUALIFICATION PROVISION OF
SECTION 9, NO STATE ADMINISTRATIVE OFFICIAL SHALL MAKE,
PARTICIPATE IN MAKING, OR USE HIS OR HER OFFICIAL POSITION TO
INFLUENCE ANY GOVERNMENTAL DECISION DIRECTLY RELATING TO
ANY CONTRACT WHERE THE STATE ADMINISTRATIVE OFFICIAL KNOWS
OR HAS REASON TO KNOW THAT ANY PARTY TO THE CONTRACT IS A
PERSON WITH WHOM THE STATE ADMINISTRATIVE OFFICIAL, OR ANY
MEMBER OF HIS OR HER IMMEDIATE FAMILY HAS, WITHIN 12 MONTHS
PRIOR TO THE TIME WHEN THE OFFICIAL ACTION IS TO BE TAKEN:
November 7, 2013
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10.
A.
ENGAGED IN A BUSINESS TRANSACTION OR TRANACTIONS ON
TERMS NOT AVAILABLE TO MEMBERS OF THE PUBLIC,
REGARDING ANY INVESTMENT OR INTEREST IN REAL PROPERTY;
OR
B.
ENGAGED IN A BUSINESS TRANSACTION OR TRANSACTIONS ON
TERMS NOT AVAILABLE TO MEMBERS OF THE PUBLIC REGARDING
THE RENDERING OF GOODS OR SERVICES TOTALING IN VALUE
ONE THOUSAND DOLLARS ($1,000.00) OR MORE.
Section 10. DISCLOSURE OF DISQUALIFYING INTEREST. Manner of
Disqualification.
When a designated employee determines that he or she should not make a
governmental decision because he or she has a disqualifying interest in it, the
determination not to act must be accompanied by disclosure of the disqualifying
interest. In the case of a voting body, this determination and disclosure shall be
made part of the agency's official record; in the case of a designated employee
who is the head of an agency, this determination and disclosure shall be made in
writing to his or her appointing authority; and in the case of other designated
employees, this determination and disclosure shall be made in writing to the
designated employee's supervisor.
11.
Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of his or her duties under this code may
request assistance from the Fair Political Practices Commission pursuant to
Government Code 83114 AND 2 CALIFORNIA CODE OF REGULATIONS
18329 AND 18329.5 or from the attorney for his or her agency, provided that
nothing in this section requires the attorney for the agency to issue any formal or
informal opinion.
12.
Section 12. Violations.
This code has the force and effect of law. Designated employees violating any
provision of this code are subject to the administrative, criminal and civil
sanctions provided in the Political Reform Act, Government Code 81000-91014.
In addition, a decision in relation to which a violation of the disqualification
provisions of this code or of Government Code 87100 or 87450 has occurred
maybe set aside as void pursuant to Government Code 91003.
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___________________________________________________________________
1/
Designated employees who are required to file statements of economic interests
under any other agency's conflict of interest code, or under Article 2 for a different
jurisdiction, may expand their statement of economic interests to cover reportable
interests in both jurisdictions, and file copies of this expanded statement with both
entities in lieu of filing separate and distinct statements, provided that each copy of such
expanded statement filed in place of an original is signed and verified by the designated
employee as if it were an original. See Government Code 81004.
2/
See Government Code 81010 and the Code of Regulations, Title 2, 18115 for the
duties of filing officers and persons in agencies who make and retain copies of
statements and forward the originals to the filing officer.
3/
For the purpose of disclosure only (not disqualification), an interest in real property
does not include the principal residence of the filer.
4/
Investments and interests in real property which have a fair market value of less than
$21,000.00 are not investments and interests in real property within the meaning of the
Political Reform Act. However, investments or interests in real property of an individual
include those held by the individual's spouse and dependent children as well as a pro
rata share of any investment or interest in real property of any business entity or trust in
which the individual, spouse and dependent children own, in the aggregate, a direct,
indirect or beneficial interest of 10 percent or greater.
5/
A designated employee's income includes his or her community property interest in
the income of his or her spouse but does not include salary or reimbursement for
expenses received from a state, local or federal government agency.
6/
Income of a business entity is reportable if the direct, indirect or beneficial interest of
the filer and the filer's spouse in the business entity aggregates a 10 percent or greater
interest. In addition, the disclosure of persons who are clients or customers of a
business entity is required only if the clients or customers are within one of the
disclosure categories of the filer.
Authority: Government Code 83112
Reference: Government Code 87103(e), 87300-87302, 89501, 89502, and 89503
(Appendix is on following pages)
November 7, 2013
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ATTACHMENT
Designated Positions and Disclosure Requirements
1.
Persons occupying the following positions are designated employees in
Category 1:
Board of Education Members
Superintendent of Schools
Assistant and or Associate Superintendents
Purchasing Agent
Admin. Director of Business Services
Manager of Fiscal Services
Designated persons in this category must report investments:
a.
Interests in real property located entirely or partly within district
boundaries, or within two miles of district boundaries or of any land owned
or used by the district. Such interests include any leasehold, beneficial or
ownership interest or option to acquire such interest in real property.
b.
Investments or business positions in or income from sources which:
(1)
Are engaged in the acquisition or disposal of real property within the
district,
(2)
Are contractors or subcontractors which are or have been within the past
two years engaged in work or services of the type used by the district, or
(3)
Manufacture or sell supplies, books, machinery or equipment of the type
used by the district.
2.
Persons occupying the following positions are designated employees in
Category 2:
All managers, supervisors and administrators
Maintenance and Operations Director
Program Coordinators
Project Specialists Supervisors
Deans of Students
Designated persons in this category must report investments or business positions
in or income from sources which:
a.
Are contractors or subcontractors engaged in work or services of the type
used by the department which the designated person manages or directs,
or
November 7, 2013
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b.
3.
Manufacture or sell supplies, books, machinery or equipment of the type
used by the department which the designated person manages or directs.
For the purpose of this category, a principal’s department is his or her
entire school.
Consultants are designated employees who must disclose financial interests as
determined on a case-by-case basis by the Superintendent or designee. The
Superintendent or designee's written determination shall include a description of
the consultant's duties and a statement of the extent of disclosure requirements
based upon that description. All such determinations are public records and shall
be retained for public inspection along with this conflict of interest code.
A consultant is an individual who, pursuant to a contract with the district, makes
any of several specified governmental decisions or serves in a staff capacity with
the district, performing the same or substantially the same duties for the district
that would otherwise be performed by an individual holding a position specified in
the district's conflict of interest code. Consultants are individuals who decide
whether to: (Code of Regulations, Title 2, Section 18700)
a.
Approve a rate, rule or regulation;
b.
Adopt or enforce a law;
c.
Issue, deny, suspend or revoke a permit, license, application, certificate,
approval, order or similar authorization or entitlement;
d.
Authorize the district to enter into, modify or renew a contract that requires
district approval;
e.
Grant district approval to a contract or contract specifications which
require district approval and in which the district is a party;
f.
Grant district approval to a plan, design, report, study or similar item; or
g.
Adopt or grant district approval of district policies, standards or guidelines.
November 7, 2013
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APPENDIX
CHINO VALLEY UNIFIED SCHOOL DISTRICT
CONFLICT OF INTEREST CODE
THE POLITICAL REFORM ACT, GOVERNMENT CODE 8100, ET. SEQ.,
REQUIRES STATE AND LOCAL GOVERNMENT AGENCIES TO ADOPT AND
PROMULGATE CONFLICT OF INTEREST CODES. THE FAIR POLITICAL
PRACTICES COMMISSION (FPPC) HAS ADOPTED A REGULATION, 2 CALIFORNIA
CODE OF REGULATIONS 18730, WHICH CONTAINS THE TERMS OF A STANDARD
CONFLICT OF INTEREST CODE. IT CAN BE INCORPORATED BY REFERENCE
AND MAY BE AMENDED BY THE FPPC AFTER PUBLIC NOTICE AND HEARINGS
TO CONFORM TO AMENDMENTS IN THE POLITICAL REFORM ACT.
THEREFORE, THE TERMS OF 2 CALIFORNIA CODE OF REGULATIONS 18730
AND ANY AMENDMENTS TO IT DULY ADOPTED BY THE FPPC ARE HEREBY
INCORPORATED BY REFERENCE AND, ALONG WITH THE ATTACHED APPENDIX
IN WHICH OFFICIALS AND EMPLOYEES ARE DESIGNATED AND DISCLOSURE
CATEGORIES ARE SET FORTH, CONSTITUTE THE CONFLICT OF INTEREST
CODE FOR THE CHINO VALLEY UNIFIED SCHOOL DISTRICT (CVUSD).
PURSUANT TO SECTION 4 OF THE STANDARD CODE, DESIGNATED
OFFICIALS AND EMPLOYEES SHALL FILE STATEMENT OF ECONOMIC INTEREST
WITH THE CVUSD. UPON RECEIPT OF THE STATEMENTS OF THE
SUPERINTENDENT AND MEMBERS OF THE BOARD OF EDUCATION, THE CVUSD
SHALL MAKE AND RETAIN A COPY AND FORWARD THE ORIGINAL OF THESE
STATEMENTS TO THE SAN BERNARDINO COUNTY BOARD OF SUPERVISORS.
STATEMENTS FOR ALL OTHER DESIGNATED EMPLOYEES WILL BE RETAINED
IN THE DIVISION OF HUMAN RESOURCES OF THE CVUSD.
November 7, 2013
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CHINO VALLEY UNIFIED SCHOOL DISTRICT
CONFLICT OF INTEREST CODE
1.0
FILING OF STATEMENTS
DESIGNATED EMPLOYEES AND OFFICIALS SHALL FILE STATEMENTS
WITH THE CHINO VALLEY UNIFIED SCHOOL DISTRICT WHO WILL MAKE
STATEMENTS
AVAILABLE
FOR
PUBLIC
INSPECTION
AND
REPRODUCTION. (GOVERNMENT CODE 81008)
1.1
IT HAS BEEN DETERMINED THAT THE POSITIONS LISTED BELOW
MANAGE PUBLIC INVESTMENTS AND WILL FILE A STATEMENT OF
ECONOMIC INTERESTS PURSUANT TO GOVERNMENT CODE 87200
AND THE DISCLOSURABLE FINANCIAL INTERESTS SET FORTH IN
SECTION 3.0 BELOW.
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
MEMBER, BOARD OF EDUCATION
1.2
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES ARE AS
FOLLOWS:
DESIGNATED POSITIONS
SUPERINTENDENT
ASSISTANT SUPERINDENT(S)
DIRECTOR, BUSINESS SERVICES
DIRECTOR, PURCHASING
FACILITIES PLANNER
(ALL) DIRECTORS
(ALL) COORDINATORS
(ALL) MANAGERS
(ALL) PRINCIPALS
(ALL) SUPERVISORS
NUTRITION SERVICES ASST. DIR.
2.0
DISCLOSURE
CATEGORIES
1, 2, 3
1, 2, 3
1, 2, 3
1, 2, 3
2, 3
2
2
2
2
2
2
SCHEDULES
ASSOCIATED
ALL
ALL
ALL
ALL
ALL
A-1, A-2, C, D, & E
A-1, A-2, C, D, & E
A-1, A-2, C, D, & E
A-1, A-2, C, D, & E
A-1, A-2, C, D, & E
A-1, A-2, C, D, & E
CONSULTANTS
CONSULTANTS SHALL BE INCLUDED IN THE LIST OF DESIGNATED
EMPLOYEES AND SHALL DISCLOSE PURSUANT TO THE BROADEST
CATEGORY IN THE CODE, SUBJECT TO THE FOLLOWING LIMITATION:
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THE SUPERINTENDENT OR DESIGNEE MAY DETERMINE IN WRITING
THAT A PARTICULAR CONSULTANT, ALTHOUGH A “DESIGNATED
POSITION,” IS HIRED TO PERFORM A RANGE OF DUTIES THAT IS LIMITED
IN SCOPE AND THUS IS NOT REQUIRED TO FULLY COMPLY WITH THE
DISCLOSURE REQUIREMENTS DESCRIBED IN THIS SECTION. SUCH
WRITTEN DETERMINATION SHALL INCLUDE A DESCRITION OF THE
CONSULTANT’S DUTIES, AND BASED UPON THAT DESCRIPTION, A
STATEMENT OF THE EXTENT OF DISCLOSURE REQUIREMENTS. THE
SUPERINTENDENT’S OR DESIGNEE’S DETERMINATION IS A PUBLIC
RECORD AND SHALL BE RETAINED FOR PUBLIC INSPECTION IN THE
SAME MANNER AND LOCATION AS THIS CONFLICT OF INTEREST CODE.
3.0
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
SUBJECT TO THE PROVISIONS OF GOVERNMENT CODE 87200 AND
87210, AN OFFICIAL IN THIS CATEGORY SHALL DISCLOSE:
4.0
A.
INTERESTS IN REAL PROPERTY
JURISDICTION OF THE DISTRICT.
LOCATED
WITHIN
THE
B.
BUSINESS POSITIONS OR INVESTMENTS IN BUSINESS ENTITIES
OR INCOME FROM SOURCES OF THE TYPE WHICH PLAN TO DO
BUSINESS, ARE CURRENTLY DOING BUSINESS, OR HAVE DONE
BUSINESS WITHIN THE JURISDICTION OF THE DISTRICT DURING
THE PREVIOUS TWO (2) YEARS.
DISCLOSURE CATEGORIES
CATEGORY 1:
DESIGNATED EMPLOYEES
BROAD AND UNDEFINABLE.
WHOSE
DUTIES
ARE
A DESIGNATED EMPLOYEE IN THIS CATEGORY SHALL DISCLOSE:
1.
INTERESTS IN REAL PROPERTY
JURISDICTION OF THE DISTRICT.
2.
BUSINESS POSITIONS OR INVESTMENTS IN BUSINESS ENTITIES
OR INCOME FROM SOURCES OF THE TYPE WHICH PLAN TO DO
BUSINESS, ARE CURRENTLY DOING BUSINESS, OR HAVE DONE
BUSINESS WITH THE DISTRICT WITHIN THE PREVIOUS TWO (2)
YEARS.
CATEGORY 2:
LOCATED
WITHIN
THE
DESIGNATED EMPLOYEES WHOSE DUTIES INVOLVE
CONTRACTING OR PURCHASING.
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A DESIGNATED EMPLOYEE IN EITHER OF THE TWO FOLLOWING SUBCATEGORIES SHALL DISCLOSE:
1.
CONTRACTS OR MAKES PURCHASES FOR ENTIRE DISTRICT:
INVESTMENTS AND BUSINESS POSITIONS IN BUSINESS ENTITIES
OR INCOME FROM SOURCES OF THE TYPE WHICH PLAN TO DO
BUSINESS, ARE CURRENTLY DOING BUSINESS, OR HAVE DONE
BUSINESS WITH THE DISTRICT OR SCHOOL WITHIN THE PREVIOUS
TWO (2) YEARS AND WHICH PROVIDE SERVICES, SUPPLIES,
MATERIALS, MACHINERY OR EQUIPMENT OF THE TYPE UTILIZED
BY THE DISTRICT.
2.
CONTRACTS
OR
DEPARTMENT:
MAKES
PURCHASES
FOR
SPECIFIC
INVESTMENTS AND BUSINESS POSITIONS IN BUSINESS ENTITIES
OR INCOME FROM SOURCES OF THE TYPE WHICH PLAN TO DO
BUSINESS, ARE CURRENTLY DOING BUSINESS, OR HAVE DONE
BUSINESS WITH THE DISTRICT OR SCHOOL WITHIN THE PREVIOUS
TWO (2) YEARS AND WHICH PROVIDE SERVICES, SUPPLIES,
MATERIALS, MACHINERY, OR EQUIPMENT OF THE TYPE UTILIZED
BY THE DESIGNATED EMPLOYEE’S DEPARTMENT OR DIVISION.
CATEGORY 3:
DESIGNATED EMPLOYEES WHOSE DECISIONS MAY
AFFECT REAL PROPERTY INTERESTS.
A DESIGNATED EMPLOYEE IN THIS CATEGORY SHALL DISCLOSE:
INVESTMENTS AND BUSINESS POSITIONS IN BUSINESS ENTITIES
OR INCOME FROM SOURCES OF THE TYPE WHICH PLAN TO DO
BUSINESS, ARE CURRENTLY DOING BUSINESS, OR HAVE DONE
BUSINESS WITH THE DISTRICT OR SCHOOL WITHIN THE PREVIOUS
TWO (2) YEARS AND WHICH PROVIDE SERVICES, SUPPLIES,
MATERIALS, MACHINERY, OR EQUIPMENT OF THE TYPE UTILIZED
BY THE DESIGNATED EMPLOYEE’S DEPARTMENT OR DIVISION.
Chino Valley Unified School District
Exhibit adopted: August 17, 1995
REVISED:
November 7, 2013
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INFORMATION
ADMINISTRATION
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
SUBJECT:
REVISION OF BYLAWS OF THE BOARD 9010—PUBLIC
STATEMENTS
===================================================================
BACKGROUND
Board policies, administrative regulations, and bylaws of the Board are routinely
developed and revised as a result of changes in law, mandates, federal regulations, and
current practice. Bylaws of the Board 9010—Publc Statements has been revised to add
concepts related to communicating the District’s message in a manner that promotes
public confidence in the Board’s leadership, refraining from disclosing confidential
information, and adhering to the same standards and protocols established for other
Board communications when participating on social networking site, blogs, or other
electronic media.
New language is provided in UPPER CASE while old language to be deleted is lined
through.
Consideration of this item supports the goals identified within the District’s Strategic
Plan.
RECOMMENDATION
It is recommended the Board of Education receive for information the revision of Bylaws
of the Board 9010—Public Statements.
FISCAL IMPACT
None.
WMJ:pk
November 7, 2013
Page 84
Bylaws of the Board
BB 9010
PUBLIC STATEMENTS
THE BOARD OF EDUCATION RECOGNIZES THE RESPONSIBILITY OF BOARD
MEMBERS IN THEIR ROLE AS COMMUNITY LEADERS TO PARTICIPATE IN
PUBLIC DISCOURSE ON MATTERS OF CIVIC OR COMMUNITY INTEREST,
INCLUDING THOSE INVOLVING THE DISTRICT, AND THEIR RIGHT TO FREELY
EXPRESS THEIR PERSONAL VIEWS. HOWEVER, TO ENSURE COMMUNICATION
OF A CONSISTENT, UNIFIED MESSAGE REGARDING DISTRICT ISSUES, BOARD
MEMBERS ARE EXPECTED TO RESPECT THE AUTHORITY OF THE BOARD TO
CHOOSE ITS REPRESENTATIVES TO COMMUNICATE ITS POSITIONS AND TO
ABIDE BY ESTABLISHED PROTOCOLS.
The Board of Education recognizes the rights of Board members to freely express their
views and encourages open discussion of issues during the Board meeting. The Board
believes that effective Board members have a responsibility to express themselves,
whether in agreement or disagreement with the Board majority, in ways that promote
the Board's ability to govern the District.
When speaking to community groups, the media, or other members of the public,
individual Board members should recognize that their statements may be perceived as
reflecting the views and positions of the Board. Board members have a responsibility to
identify personal viewpoints as such and not as the viewpoint of the Board.
All public statements authorized to be made on behalf of the Board shall be made by
the Board president or, if appropriate, by the Superintendent or other designated
representative.
(cf. 2110 - Superintendent Responsibilities and Duties)
(cf. 9121 - President)
(cf. 9200 - Limits of Board Member Authority)
WHEN SPEAKING FOR THE DISTRICT, THE BOARD ENCOURAGES ITS
SPOKESPERSONS TO EXERCISE RESTRAINT AND TACT AND TO
COMMUNICATE THE MESSAGE IN A MANNER THAT PROMOTES PUBLIC
CONFIDENCE IN THE BOARD'S LEADERSHIP.
BOARD SPOKESPERSONS SHALL NOT DISCLOSE CONFIDENTIAL INFORMATION
OR INFORMATION RECEIVED IN CLOSED SESSION EXCEPT WHEN AUTHORIZED
BY A MAJORITY OF THE BOARD. (Government Code 54963)
(cf. 9005 - Governance Standards)
(cf. 9011 - Disclosure of Confidential/Privileged Information)
November 7, 2013
Page 85
BB 9010(b)
PUBLIC STATEMENTS (cont.)
When speaking to community groups, the media, or other members of the public,
individual Board members should recognize that their statements may be perceived as
reflecting the views and positions of the Board. Board members have a responsibility to
identify personal viewpoints as such and not as the viewpoint of the Board.
(cf. 1100 - Communication with the Public)
(cf. 1112 - Media Relations)
IN ADDITION, THE BOARD ENCOURAGES MEMBERS WHO PARTICIPATE ON
SOCIAL NETWORKING SITES, BLOGS, OR OTHER DISCUSSION OR
INFORMATIONAL SITES TO CONDUCT THEMSELVES IN A RESPECTFUL,
COURTEOUS, AND PROFESSIONAL MANNER AND TO MODEL GOOD BEHAVIOR
FOR DISTRICT STUDENTS AND THE COMMUNITY.
SUCH ELECTRONIC
COMMUNICATIONS ARE SUBJECT TO THE SAME STANDARDS AND PROTOCOLS
ESTABLISHED FOR OTHER FORMS OF COMMUNICATION, AND THE
DISCLOSURE REQUIREMENTS OF THE CALIFORNIA PUBLIC RECORDS ACT MAY
LIKEWISE APPLY TO THEM.
(cf. 1113 - District and School Web Sites)
(cf. 1114 - District-Sponsored Social Media)
(cf. 1340 - Access to District Records)
(cf. 9012 - Board Member Electronic Communications)
Legal Reference:
EDUCATION CODE
35010 Control of district; prescription and enforcement of rules
GOVERNMENT CODE
6250-6270 California Public Records Act
54960 Actions to stop or prevent violation of meeting provisions
54963 Confidential information in closed session
Management Resources:
WEBSITES
California School Boards Association: www.csba.org
Chino Valley Unified School District
Bylaw adopted: August 17, 1995
Reviewed: October 21, 2010
REVISED:
November 7, 2013
Page 86
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
SUBJECT:
REVISION OF BYLAWS OF THE BOARD AND EXHIBIT 9250—
REMUNERATION, REIMBURSEMENT, AND OTHER BENEFITS
===================================================================
BACKGROUND
Board policies, administrative regulations, and bylaws of the Board are routinely
developed and revised as a result of changes in law, mandates, federal regulations, and
current practice. Bylaws of the Board and Exhibit 9250—Remuneration,
Reimbursement, and Other Benefits has been revised to delete material requiring the
District to establish a minimum percentage of the Board meetings that must be attended
in order for a Board member to receive compensation; add statement clarifying that
student Board members do not receive compensation; and reflect legal requirement to
announce any additional compensation received whenever a quorum of Board
members serves as another legislative body which will meet simultaneously or in serial
order to a Board meeting. Section on "Reimbursement of Expenses" revised to give
examples of authorized travel and to prohibit use of district credit card for personal
expenses even if the Board member intends to reimburse the district. Material on health
and welfare benefits updated to (1) reflect current law which provides that the age at
which a person ceases to be a dependent child is age 26 years or higher as specified in
the health plan and (2) clarify the circumstances under which the District may offer
health and welfare benefits to former Board members.
New exhibit added to provide a sample Board resolution, as required by law in order to
authorize compensation for a Board member who missed meeting(s) because he/she
was performing other designated duties on behalf of the District at the time of the
meeting, was ill or on jury duty, or had another hardship deemed acceptable by the
Board.
New language is provided in UPPER CASE while old language to be deleted is lined
through.
November 7, 2013
Page 87
Consideration of this item supports the goals identified within the District’s Strategic
Plan.
RECOMMENDATION
It is recommended the Board of Education receive for information the revision of Bylaws
of the Board and Exhibit 9250—Remuneration, Reimbursement, and Other Benefits.
FISCAL IMPACT
None.
WMJ:pk
November 7, 2013
Page 88
BB 9250(a)
Bylaws of the Board
REMUNERATION, REIMBURSEMENT, AND OTHER BENEFITS
Remuneration
Each member of the Board of Education may receive the monthly compensation as
provided for in EDUCATION CODE 35120 law.
On an annual basis, the Board may increase the compensation of Board members
beyond the limit delineated in Education Code 35120 in an amount not to exceed five
percent based on the present monthly rate of compensation. Any increase made
pursuant to this section shall be effective upon approval by the Board (Education Code
35120)
Board members are not required to accept payment for meetings attended.
ANY MEMBER WHO DOES NOT ATTEND ALL BOARD MEETINGS DURING THE
MONTH IS ELIGIBLE TO RECEIVE ONLY A PERCENTAGE OF THE MONTHLY
COMPENSATION EQUAL TO THE PERCENTAGE OF MEETINGS HE/SHE
ATTENDED, UNLESS OTHERWISE AUTHORIZED BY THE BOARD IN ACCORDANCE
WITH LAW. (EDUCATION CODE 35120)
If a member does not attend all Board meetings during the month, he/she is eligible to
receive a percentage of the monthly compensation equal to the percentage of meetings
attended unless otherwise authorized by the Board in accordance with law. (Education
Code 35120)
A member may be paid for meetings he/she missed when the Board, by resolution, finds
that he/she was performing designated services for the district at the time of the meeting
or that he/she was absent because of illness, jury duty or a hardship deemed acceptable
by the Board. (Education Code 35120)
Student Board members shall receive no compensation for meetings attended.
(Education Code 35012)
(cf. 9150 - Student Board Members)
Reimbursement of Expenses
BOARD MEMBERS SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY
EXPENSES INCURRED WHEN PERFORMING AUTHORIZED SERVICES FOR THE
DISTRICT. EXPENSES FOR TRAVEL, TELEPHONE, BUSINESS MEALS, OR OTHER
AUTHORIZED PURPOSES SHALL BE IN ACCORDANCE WITH POLICIES
ESTABLISHED FOR DISTRICT PERSONNEL AND AT THE SAME RATE OF
REIMBURSEMENT.
November 7, 2013
Page 89
BB 9250(b)
REMUNERATION, REIMBURSEMENT, AND OTHER BENEFITS (cont.)
(cf. 1160 - Political Processes)
(cf. 3100 - Budget)
(cf. 3350 - Travel Expenses)
(cf. 3513.1 - Cellular Phone Reimbursement)
Board members shall be reimbursed for traveling expenses incurred when
PERFORMING SERVICES DIRECTED authorized in advance by the Board. (Education
Code 35044)
(cf. 9240 - Board Development)
AUTHORIZED PURPOSES MAY INCLUDE, BUT ARE NOT LIMITED TO,
ATTENDANCE AT EDUCATIONAL SEMINARS OR CONFERENCES DESIGNED TO
IMPROVE BOARD MEMBERS' SKILLS AND KNOWLEDGE; PARTICIPATION IN
REGIONAL, STATE, OR NATIONAL ORGANIZATIONS WHOSE ACTIVITIES AFFECT
THE DISTRICT'S INTERESTS; ATTENDANCE AT DISTRICT OR COMMUNITY
EVENTS; AND MEETINGS WITH STATE OR FEDERAL OFFICIALS ON ISSUES OF
COMMUNITY CONCERN.
PERSONAL EXPENSES SHALL BE THE RESPONSIBILITY OF INDIVIDUAL BOARD
MEMBERS. PERSONAL EXPENSES INCLUDE, BUT ARE NOT LIMITED TO, THE
PERSONAL PORTION OF ANY TRIP, TIPS OR GRATUITIES, ALCOHOL,
ENTERTAINMENT, LAUNDRY, EXPENSES OF ANY FAMILY MEMBER WHO IS
ACCOMPANYING THE BOARD MEMBER ON DISTRICT-RELATED BUSINESS,
PERSONAL USE OF AN AUTOMOBILE, AND PERSONAL LOSSES AND TRAFFIC
VIOLATION FEES INCURRED WHILE ON DISTRICT BUSINESS.
ANY QUESTIONS REGARDING THE PROPRIETY OF A PARTICULAR TYPE OF
EXPENSE SHOULD BE RESOLVED BY THE SUPERINTENDENT OR DESIGNEE
BEFORE THE EXPENSE IS INCURRED.
The rate of reimbursement shall be the same rate specified for District personnel.
(cf. 3350 - Travel Expenses)
Board members may use District-issued credit cards while on official District business,
AND CONSISTENT WITH THE LIMITS ESTABLISHED FOR DISTRICT PESONNEL.
PERSONAL EXPENSES SHALL NOT BE CHARGED ON A DISTRICT-ISSUED CREDIT
CARD, EVEN IF THE BOARD MEMBER INTENDS TO SUBSEQUENTLY REIMBURSE
THE DISTRICT FOR THE PERSONAL CHARGES. Under no circumstances may
personal expenses be charged on District credit cards.
November 7, 2013
Page 90
BB 9250(c)
REMUNERATION, REIMBURSEMENT, AND OTHER BENEFITS (cont.)
Health and Welfare Benefits FOR CURRENT BOARD MEMBERS
Board members may participate in the health and welfare benefits program provided for
District employees.
(cf. 4154/4254/4354 - Health and Welfare Benefits)
Health and welfare benefits for Board members shall be no greater than that received by
THE District's nonsafety employees with the most generous schedule of benefits.
(Government Code 53208.5)
The District shall pay the cost of all premiums required for Board members electing to
participate in the District health and welfare benefits program at the same EXTENT THAT
IT PAYS FOR rate as that received by District’s nonsafety employees of benefits.
Health and welfare benefits provided to Board members shall be extended at the same
level to their spouse/REGISTERED DOMESTIC PARTNER AND TO THEIR ELIGIBLE
DEPENDENT CHILDREN AS SPECIFIED IN LAW AND THE HEALTH PLAN. s, adult
children to age 26, and dependent children regardless of age who are physically or
mentally incapacitated.
HEALTH AND WELFARE Benefits for Retired FORMER Board Members
FORMER Retired Board members may participate in the health and welfare benefits
program provided for District employees under the conditions specified below.
Health and welfare benefits for FORMER retired Board members shall be no greater than
that received by District nonsafety employees with the most generous schedule of
benefits. (Government Code 53208.5)
Because the District did not pay health and welfare benefits for retired Board members
before January 1, 1994, any former member LEAVING retiring from the Board after at
least one term OF OFFICE may PARTICIPATE continue IN the health and welfare
benefits program at his/her own expense if coverage is in effect at the time of retirement.
(Government Code 53201)
The benefits authorized for retired Board members shall be extended at the same level to
the retired Board member’s spouse, adult children to age 26, and dependent children
regardless of age who are physically or mentally incapacitated.
HEALTH AND WELFARE BENEFITS PROVIDED TO A FORMER BOARD MEMBER
SHALL BE EXTENDED, AT HIS/HER EXPENSE AND AT THE SAME LEVEL, TO
HIS/HER SPOUSE/REGISTERED DOMESTIC PARTNER AND ELIGIBLE
DEPENDENT CHILDREN AS SPECIFIED IN LAW AND THE HEALTH PLAN.
November 7, 2013
Page 91
BB 9250(d)
REMUNERATION, REIMBURSEMENT, AND OTHER BENEFITS (cont.)
Legal Reference:
EDUCATION CODE
33050-33053 General waiver authority
33362-33363 Reimbursement of expenses for attendance at workshops
35012 Board members; number, election and term
35044 Payment of traveling expenses of representatives of board
35120 Compensation for services as member of governing board
35172 Promotional activities
44038 Cash deposits for transportation purchased on credit
FAMILY CODE
297-297.5 Rights, protections and benefits under law; registered domestic partners
GOVERNMENT CODE
8314 Use of public resources
20322 Elective officers; election to become member
20420-20445 Membership in Public Employees' Retirement System; definition of safety employees
53200-53209 Group insurance
54952.3 Simultaneous or serial meetings; announcement of compensation
HEALTH AND SAFETY CODE
1373 Health services plan, coverage for dependent children
INSURANCE CODE
10277-10278 Group and individual health insurance, coverage for dependent children
UNITED STATES CODE, TITLE 26
403 Tax-sheltered annuities
UNITED STATES CODE, TITLE 42
18011 Right to maintain existing health coverage
CODE OF FEDERAL REGULATIONS, TITLE 26
1.403(b)-2 Tax-sheltered annuities, definition of employee
COURT DECISIONS
Thorning v. Hollister School District, (1992) 11 Cal.App.4th 1598
Board of Education of the Palo Alto Unified School District v. Superior Court of Santa Clara County, (1979)
93 Cal.App.3d 578
ATTORNEY GENERAL OPINIONS
91 Ops.Cal.Atty.Gen. 37 (2008)
83 Ops.Cal.Atty.Gen. 124 (2000)
Management Resources:
INSTITUTE FOR LOCAL GOVERNMENT PUBLICATIONS
Sample Expense and Use of Public Resources Policy Statement, January 2006
INTERNAL REVENUE SERVICE PUBLICATIONS
Tax-Sheltered Annuity Plans (403(b) Plans) for Employees of Public Schools and Certain Tax-Exempt
Organizations, Publication 571, rev. February 2013
WEBSITES
California School Boards Association: www.csba.org
Institute for Local Government: www.ca-ilg.org
Internal Revenue Service: www.irs.gov
Public Employees' Retirement System: www.calpers.ca.gov
Chino Valley Unified School District
Bylaw adopted: February 1, 1996
Revised: January 7, 1999
Revised: May 20, 1999
Revised: July 17, 2003
Revised: December 8, 2011
REVISED:
November 7, 2013
Page 92
E 9250
Bylaws of the Board
RESOLUTION ON BOARD COMPENSATION FOR MISSED MEETINGS
WHEREAS, the Board of Education of the Chino Valley Unified School District
appreciates the services provided by members of the Board and provides compensation
for meeting attendance in accordance with Education Code 35120 and Board Bylaw
9250; and
WHEREAS, Education Code 35120 provides that the monthly compensation provided
to Board members shall be commensurate with the percentage of meetings attended
during the month unless otherwise authorized by Board resolution; and
WHEREAS, Education Code 35120 specifies limited circumstances under which the
Board is authorized to compensate a Board member for meetings he/she missed; and
WHEREAS, the Board finds that (name of Board member) did not attend the Board
meeting(s) on (dates) for the following reason(s):
[ ] Performance of other designated duties for the District during the time of the
meeting
[ ] Illness or jury duty
[ ] Hardship deemed acceptable by the Board
NOW THEREFORE BE IT RESOLVED that the Board of the Chino Valley Unified
School District approves full compensation of the Board member for the month of
______.
APPROVED, PASSED, AND ADOPTED this ______ day of ___________, ________
at a regular meeting, by the following vote:
AYES:______ NOES:______ ABSENT:______
Attest:
______________________________
President
___________________________
Clerk
APPROVED:
November 7, 2013
Page 93
BUSINESS SERVICES
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Our Motto:
Student Achievement • Safe Schools • Positive School Climate
Humility • Civility • Service
DATE:
November 7, 2013
TO:
Members, Board of Education
FROM:
Wayne M. Joseph, Superintendent
PREPARED BY: Sandra H. Chen, Assistant Superintendent, Business Services
Liz Pensick, Director, Business Services
SUBJECT:
ADOPTED 2013/2014 ORGANIZED AND UNORGANIZED STUDENT
BODY BUDGETS
===================================================================
BACKGROUND
Board Policy 3452 Business and Noninstructional Operations – Student Activity Funds
requires organized and unorganized student body budgets to be submitted to the Board of
Education each year for information. The list that follows reflects the adopted student body
budgets for fiscal year 2013/2014.
Consideration of this item supports the goals identified within the District’s Strategic Plan.
RECOMMENDATION
It is recommended the Board of Education receive for information the adopted 2013/2014
organized and unorganized student body budgets.
FISCAL IMPACT
None.
WMJ:SHC:LP:wc
November 7, 2013
Page 94
CHINO VALLEY UNIFIED SCHOOL DISTRICT
ASSOCIATED STUDENT BODY
ADOPTED BUDGET 2013/2014
ORGANIZED STUDENT BODIES
COMPREHENSIVE HIGH SCHOOLS
Ayala HS
Chino HS
Chino Hills HS
Don Lugo HS
TOTAL HIGH SCHOOLS
TOTAL
$ 1,436,403
$ 1,080,047
$ 1,749,190
$ 1,077,901
JUNIOR HIGH SCHOOLS
Cal Aero Preserve Academy
Canyon Hills JHS
Magnolia JHS
Ramona JHS
Townsend JHS
Woodcrest JHS
TOTAL JUNIOR HIGH SCHOOLS
$
$
$
$
$
$
$ 5,343,541
49,953
256,481
146,332
129,619
195,952
68,587
$
846,924
TOTAL ORGANIZED STUDENT BODIES
$ 6,190,465
UNORGANIZED STUDENT BODIES
DISTRICT ASB/ELEMENTARY GENERAL
District ASB/Elementary General
CONTINUATION HIGH SCHOOL
Buena Vista HS
ELEMENTARY SCHOOLS
Briggs K-8*
Butterfield Ranch ES
Cattle ES
Chaparral ES
Cortez ES*
Country Springs ES*
Dickey ES
Dickson ES
Eagle Canyon ES
Glenmeade ES*
Hidden Trails ES
Liberty ES
Litel ES
Marshall ES
Newman ES
Oak Ridge ES
Rhodes ES
Rolling Ridge ES
TOTAL ELEMENTARY SCHOOLS
$
11,186
$
11,186
$
31,682
$
31,682
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
52,253
44,632
34,778
5,257
51,731
44,445
35,507
50,626
1,832
30,479
54,333
30,211
48
52,083
$
488,215
TOTAL UNORGANIZED STUDENT BODIES
$
TOTAL ASB BUDGETS
$ 6,721,548
* ASB Dormant Accounts/Zero Balances
November 7, 2013
Page 95
531,083