1 (1.1) President will call the meeting to order.
2 (2.1) In closed session, the Board will consider the items listed on the closed session age
3 (3.1) The public may address the Board concerning items that are scheduled for discussion d
4 (4.1) Negotiations - The Board may discuss negotiations or provide direction to its represe
5 (4.2) Expulsions
6 (4.3) Public Employee Discipline/Dismissal/Release/Complaint
7 (5.1) Reconvene open session.
8 (6.1) Pledge of Allegiance.
9 (6.2) Roll Call
10 (7.1) Report of Closed Session - May 11, 2010
11 (7.2) Negotiations
12 (7.3) Expulsions
13 (7.4) Public Employee Discipline/Dismissal/Release/Complaint
14 (8.1) Expulsion Recommendation Student 40-10
15 (8.2) Expulsion Recommendation Student 41-10
16 (8.3) Expulsion Recommendation Student 42-10
17 (8.4) Expulsion Recommendation Student 43-10
18 (9.1) (Item 1) Items listed under Consent Agenda are considered routine and will be approve
19 (9.2) (Item 2) Minutes of the April 27 meeting.
20 (9.3) (Item 3) Recommended Action for Certificated Personnel
21 (9.4) (Item 4) Supervised Fieldwork Agreement with Brandman University for the term of June
22 (9.5) (Item 5) Recommendation for Professional Clear Education Specialist: Mild/Moderate Te
23 (9.6) (Item 6) Recommendation for Preliminary Single Subject Credential with English Learne
24 (9.7) (Item 7) Decrease in Full Time Equivalent Position (FTE) for the 2009-2010 school yea
25 (9.8) (Item 8) Request to increase and decrease various certificated positions funded by ca
26 (9.9) (Item 9) Clarification of effective dates of request to increase and decrease various
27 (9.10) (Item 10) Clarification of effective dates of request to increase and decrease variou
28 (9.11) (Item 11) Recommended Action for Classified Personnel
29 (9.12) (Item 12) Classified Personnel: Revised increase in hours to a part-time Senior Inst
30 (9.13) (Item 13) Classified Personnel: Revised Decrease in hours to a (vacant) part-time Se
31 (9.14) (Item 14) Fiscal Transactions for April 2010.
32 (9.15) (Item 15) Award of Inspector of Record (Project Inspector) Contract
33 (9.16) (Item 16) Developer Fee Justification Study
34 (9.17) (Item 17) Request authorization to submit the Tech Prep Demonstration Site Grant to t
35 (9.18) (Item 18) Request to Approve Independent Services Contract for Hyatt Hotels & Resorts
36 (9.19) (Item 19) Request to increase the amount paid on the existing Independent Services Co
37 (9.20) (Item 20) Williams Quarterly Summary Report, April 30, 2010
38 (9.21) (Item 21) Classified Personnel: Resolution Relative to Elimination/Reduction of Clas
39 (9.22) (Item 22) Release of Temporary Certificated Employees
40 (9.23) (Item 23) Approval of an extension of the services between Mt. Diablo Unified School
41 (9.24) (Item 24) Approval of an extension of the agreement between Mt. Diablo Unified School
42 (9.25) (Item 25) Approval of an extension to the Agreement between Mt. Diablo Unified School
43 (9.26) (Item 26) Adjust contracts/purchase orders between Mt. Diablo Unified School District
44 (9.27) (Item 27) Adjust existing contracts between Mt. Diablo Unified School District (MDUSD
45 (9.28) (Item 28) Approval of 2010-2011 Master Contract and Individual Services Agreement (IS
46 (9.29) (Item 29) Request to eliminate three (3) 183 day Speech Language Pathologist position
47 (11.1) The public may address the Board regarding any item within the jurisdiction of the Bo
48 (12.1) District Organizations - At regular Board meetings, a single spokesperson of each rec
49 (13.1) Superintendent's Report
50 (14.1) Resolution 09/10-62 Classified Employees' Week
51 (14.2) Restructuring Plan for Four Schools Eligible for the School Improvement Grant (SIG).
52 (14.3) Special Education Budget Plan
53 (14.4) District Office Restructuring
54 (14.5) Request to approve the proposed decision of the Administrative Law Judge and implemen
55 (14.6) Request Approval of New Job Description for Intervention and Instructional Support Te
56 (14.7) Consider Approval of Master Investment Banking Agreement
57 (14.8) Meeting Extension
58 (15.1) Board reports - two minute time limit
59 (16.1) Items not completed during the first Closed Session will be carried over to this clos
60 (17.1) Adjourn meeting.
Meeting Date:
Tuesday, May 11, 2010 - 7:30 PM
Category:
Business/Action Items
Type:
Action
Subject:
14.5 Request to approve the proposed decision of the Administrative Law Judge and implement the certificated layoff.
:
Policy:
Enclosure
:
File Attachment:
ALJ Decision Resolution (2).pdf
Summary
:
As part of the certificated layoff process, a formal hearing was held on April 27, 2010. This hearing was conducted by an Administrative Law Judge appointed by the Office of Administrative Hearings as required by Education Codes 44955 and 44949. The purpose of this hearing was to determine the validity of the process that was used to establish the number of Full Time Equivalent (FTE) positions to be eliminated and the names of the specific employees to receive final lay off notices. Both the District and the Mt. Diablo Education Association were present at this hearing.
Based on that process, it was affirmed that 199.36 FTE from the Mt. Diablo Education Association would be eliminated and specific individuals to receive final lay off notices were identified.
It was also determined that 3.0 FTE would be eliminated from certificated management and appropriate individual will receive final lay off notices.
Funding
:
N/A
Fiscal Impact
:
N/A
Recommendation
:
Approve the decision of the Administrative Law Judge to eliminate 199.36 FTE from MDEA membership and 3.0 FTE from DMA membership and authorize the Superintendent/Designee to give appropriate notice on or before May 14, 2010 to the individuals named in or affected by the decision.
Approvals:
Recommended By:
Signed By:
Denise Larkins - Administrative Assistant
Signed By:
Gail Isserman - Assistant Superintendent
Signed By:
Steven Lawrence - Superintendent
Vote Results:
Original Motion
Member
(Gary Eberhart)
Moved, Member
(Linda Mayo)
seconded to approve the
Original
motion 'Approve the decision of the Administrative Law Judge to eliminate 199.36 FTE from MDEA membership and 3.0 FTE from DMA membership and authorize the Superintendent/Designee to give appropriate notice on or before May 14, 2010 to the individuals named in or affected by the decision.'. Upon a Roll-Call Vote being taken, the vote was: Aye:
5
Nay:
0
.
The motion
CARRIED
5 - 0
Gary Eberhart
Yes
Linda Mayo
Yes
Paul Strange
Yes
Richard Allen
Yes
Sherry Whitmarsh
Yes