![\"Dr.](\"http:\/\/michaelclara.com\/wp-content\/uploads\/2015\/11\/McKelhandpic.jpg\")
<\/a>Dr. Withers at the 11\/17\/15 Board Meeting<\/p><\/div>\n
On 11\/15\/15, in violation of Policy I-10 & G-19, the Board of Education voted to support the\u00a0Superintendent’s ALL WHITE Reorganization plan.<\/span><\/strong><\/span><\/p>\n COPY OF\u00a0LETTER I DISTRIBUTED IN THE BOARD MEETING:\u00a0<\/span><\/strong><\/span><\/p>\n 15 November 2015<\/p>\n <\/p>\n Re:<\/span><\/b> Agenda Items Request for November 17th<\/sup> \u00a0<\/b><\/span><\/p>\n <\/p>\n Dear Ms. Bennett, I am also requesting that the Human Resources Report be removed from the consent section of the November 17th<\/sup> agenda and instead placed in the action section<\/span> so that it can be openly and publicly the subject of deliberation for the Board.[3]<\/a><\/p>\n Additionally, I am requesting that you re-issue a revised November 17th<\/sup> agenda with the following additions<\/span>:<\/p>\n \u00fc\u00a0 Board Policy I-10<\/p>\n \u00fc\u00a0 Board Policy G-19<\/p>\n \u00fc\u00a0 The Salt Lake Association of School Administrators (SLASA) Written Understanding\u00a0<\/b><\/p>\n BOARD POLICY & AGREEMENTS<\/b> Recognizing, \u201c<\/i>The board is empowered to make policy decisions for district schools. Board members act as trustees for the community; therefore, policies are often understood as expressions of the community\u2019s aspirations for its public schools.<\/i>\u201d<\/i> [5]<\/a><\/p>\n The manner in which Superintendent Withers implemented his restructuring plan is in violation of Board Policy I-10<\/span><\/b> [6]<\/a> which in part states:<\/p>\n The district actively works to recruit, employ, support, and retain culturally and linguistically diverse and culturally competent administrative<\/i><\/b>, instructional, and support personnel. Professional development shall be developed and provided on a continuing basis to identify and resolve problems associated with the student achievement gap and other inequities arising from disparities. The district shall also actively strive to have<\/b> our<\/b> teacher and administrator workforce reflect the diversity of its students and communities.<\/p>\n <\/b><\/i><\/p>\n Additionally, in his haste to implement his restructure plan, he either forgot or ignored Board Policy G-19<\/span><\/b> [7]<\/a> which in part states:<\/p>\n \u201cThe Board values diversity among\u2026 its employees<\/b>\u2026The District shall operate as an equal opportunity employer and will provide and safeguard the opportunity<\/b> for all persons to seek, obtain, hold, and advance in employment<\/b> within the district without discrimination\u2026Employment decisions shall be based on job-related qualifications and competence.\u201d<\/b><\/i> Furthermore, on August 18, 2015, as the result of a GRAMA request that I submitted, [9]<\/a> I obtained a copy of a recent Human Resources Department Audit. [10]<\/a> While the audit pointed out a multitude of problems, I cite the following three that are relevant to the issue at hand:<\/p>\n \u00a0<\/i><\/p>\n <\/i><\/li>\n The Superintendent\u2019s recent appointments and subsequent premature, public announcement (prior to obtaining Board approval) underscores the problems described in the Human Resources Audit report. As already stated, his actions violate Board Policy I-10<\/span><\/b> and Board Policy G-19 <\/span><\/b>and as you are aware:<\/p>\n Exceptions to a policy<\/i><\/b> may be made by majority vote of board members in a duly authorized meeting. Each policy remains in force until altered or superseded by an action of the Board<\/b><\/i> <\/i>[11]<\/a><\/p>\n Accordingly, I am requesting that both of these policies be placed on the Agenda for November 17, 2015 for Board consideration. <\/span><\/p>\n SLASA WRITTEN UNDERSTANDING<\/b> The SLASA Written Understanding,[13]<\/a> in part, states the following:<\/p>\n The purpose of the Written Understanding between the Salt Lake Association of School Administrators (SLASA) and the Salt Lake City Board of Education (Board) \u2026is to provide expectations, guidelines and procedures that reflect the goal of performing at a high level of integrity in all aspects of our professional work. The Written Understanding is intended to reflect our commitment to the collective good of students and the district.<\/i><\/p>\n DEFINITION<\/i><\/b><\/p>\n For purposes of representation, an administrator is a contract district employee paid on the administrators\u2019 salary schedule.<\/i><\/p>\n The superintendent<\/b>, business administrator<\/b>, and associate superintendent<\/b> are administrators, but negotiate their salaries and certain other benefits directly with the board<\/b>. The only items in this agreement which apply to these employees are specifically identified.<\/i><\/p>\n RECOGNITION OF THE ASSOCIATION<\/i><\/b><\/p>\n The superintendent and the board recognize SLASA as the body to represent the administrators<\/b> of the district. SLASA will be represented on district level committees. This recognition will continue as long as SLASA represents a majority of the district\u2019s administrators<\/b>.<\/i><\/p>\n POLICY FOR ADMINISTRATIVE PERSONNEL I. Compensation<\/i><\/b><\/p>\n II. Retirement<\/i><\/p>\n III. Working Conditions<\/i><\/p>\n IV. Position Continuity<\/i><\/p>\n V. Work Schedule<\/i><\/p>\n VI. Accountability<\/i><\/p>\n VII. Professional Communication<\/i><\/p>\n VIII. Conventions and Professional Meetings<\/i><\/p>\n IX. Leave<\/i><\/p>\n X. Administrative Vacancies, Transfers and Rotations<\/i><\/p>\n XI. Performance and Evaluation<\/i><\/p>\n XII. Termination<\/i><\/p>\n I. COMPENSATION<\/i><\/p>\n B. Administrators are compensated according to board adopted salary schedule<\/b> \u2026<\/i><\/p>\n C. The district will fund contractually obligated increments in step and lane (see salary schedule). Salary, step and lane, and administrative pay will increase by a percentage equal to the cost of living allowance as agreed through negotiations.<\/b><\/i><\/p>\n II. RETIREMENT<\/i><\/p>\n A. Any administrator paid from the administrator\u2019s salary schedule (including those positions whose salaries are set by the board) employed by the district\u2026 <\/i><\/p>\n B. Any administrator (including those positions whose salaries are set by the board) who retires according to the provisions of the Utah State Retirement System (URS) may \u2026.<\/i><\/p>\n XI. PERFORMANCE AND EVALUATION<\/i><\/p>\n Administrator means any individual<\/i><\/b>, except the superintendent, the associate\/assistant superintendents, and the business administrator, employed by the district who is paid on any administrative salary schedule<\/b>, including administrators who are not required by the USOE to hold a professional certificate. It does not include those employed for less than three (3) hours per day or for less than half of a school year.<\/i><\/p>\n Here is the dilemma: The Superintendent has moved his new appointees from the \u201cBoard Adopted\u201d<\/b> Administrators Salary Schedule #8 to the \u201cBoard Adopted\u201d<\/b> \u00a0Superintendency Salary Schedule (in the past, has been referred to as Salary Schedule #4):<\/p>\n The \u201cBoard Adopted\u201d<\/b>, Administrators Salary Schedule #8 has six lanes and five steps:<\/span><\/p>\n That \u201cBoard Adopted\u201d<\/b> Superintendency Salary Schedule has three lanes and three steps:<\/span><\/p>\n The first problem you will note, there is no title of \u201cAssistant Superintendent\u201d in either of the \u201cBoard Adopted\u201d<\/b> Salary Schedules. You will also note that there is no such title of Chief School Improvement Officer, Chief Academic Officer or Chief Operations Officer in the \u201cBoard Adopted\u201d<\/b> Superintendency Salary Schedule.<\/p>\n The application of the \u201cBoard Adopted\u201d<\/b> Superintendency Salary Schedule is as follows: the Associate Superintendent<\/b> position was recently vacated by Patrick Garcia. The Executive Director<\/b> of Human Resources is Craig Ruesch. The CIO is the Chief Information Officer<\/b> Sam Quantz and the Finance Director<\/b> is Alan Kearsley. In response to my inquiry, on October 27, 2015 \u2013 I received an email from Business Administrator Janet Roberts, she inserted the Superintendent\u2019s new appointees to the following slots on the Superintendency Salary Schedule:<\/p>\n That initial email did not tell me what step they were placed in. After another email exchange, I still did not receive a straight answer. I was however, able to decipher the following:<\/p>\n If Superintendent Withers can make up titles that don\u2019t appear on one of the \u201cBoard Adopted\u201d<\/b> salary schedules, then why negotiate and then enter into an agreement with SLASA about compensation for Administrators?<\/p>\n If Business Administrator Janet Roberts can superimpose employees into the \u201cBoard Adopted\u201d<\/b> salary schedule on top of positions of employment that is not really theirs, then why negotiate and then enter into an agreement with SLASA?<\/p>\n It is accurate to state that the Superintendent can make appointments to positions in the District. Those appointments are then subject to Board approval. However, on June 16, 2015, the Board entered into an agreement with SLASA:<\/p>\n \u201cAdministrators are compensated according to board adopted salary schedule \u2026\u201d and \u201c\u2026the district will fund contractually obligated increments in step and lane (see salary schedule)\u201d.<\/i><\/p>\n Under the new state mandated administrator\u2019s evaluation program we are told:<\/p>\n \u201cany advancement on an adopted<\/b> wage or salary schedule<\/b> shall be based primarily on an evaluation\u2026\u201d<\/i> [14]<\/a> Compensation is based on \u201cadopted\u2026salary schedule\u201d<\/i>.<\/p>\n As a member of the Board of Education, when I \u201creview and approve recommended\u2026salary schedules\u2026for District employees\u2026\u201d<\/i> [15]<\/a> I have every expectation that the Salary Schedule will be applied to those that earned the positions that are listed on its face. I had no idea that the Superintendent and Business Administrator would try to artificially insert people into a \u201cBoard Adopted\u201d<\/b> salary schedule. Consider the following:<\/p>\n \u201cThe board holds the superintendent responsible for administering its policies, executing board decisions\u2026 The board expects the business administrator to discharge\u2026her statutory duties and to keep accurate records<\/b> of all district revenues and expenditures\u2026\u201d<\/i> [16]<\/a><\/p>\n To \u201ckeep accurate records\u201d<\/i> means that if the Superintendent and Board Business Administrator want to create new positions in the organization, then \u201cthe board expects the superintendent to \u2026consult with and inform the board about school operations\u2026in timely, accurate, and appropriate ways\u201d<\/i> [17]<\/a> Informing the Board about his reorganization plan in the last ten minutes of a closed door session does not constitute \u201ctimely, accurate, and appropriate ways\u201d.<\/i><\/p>\n Accordingly, I am asking that a new Salary Schedule be presented to SLASA for their negotiation and agreement and then presented to the Board for our approval.\u00a0 <\/span><\/p>\n SHARED GOVERNANCE<\/b> Really? I did not witness the Superintendent utilize any principles associated with Shared Governance as he clumsily implemented his restructure plan. Consider the following:<\/p>\n Shared governance is an effective method for making decisions.[19]<\/b><\/a> It is most effective when all participants have a thorough understanding of its structure and the following basic principles:<\/i><\/p>\n \u2022 Delegation; <\/i><\/p>\n \u2022 Openness, trust, and equity; <\/i><\/p>\n \u2022 Decision-making; <\/i><\/p>\n \u2022 Review and adjudication; <\/i><\/p>\n \u2022 Accountability; and <\/i><\/p>\n \u2022 Dialogue and communication.<\/i><\/p>\n Under shared governance, groups strive for consensus<\/p>\n <\/span><\/i><\/b><\/i><\/b><\/p>\n v\u00a0 Consensus is a collective opinion arrived at by a group whose members have listened carefully, communicated openly, been able to state their opposition to other members\u2019 views, and sought and considered alternatives in a constructive problem-solving manner. All members, because they have had the opportunity to influence the decision, should understand and support it.<\/p>\n <\/i><\/p>\n v\u00a0 Consensus evolves from open discussions, until participants feel satisfied with their decision. Reaching consensus should be the goal in all councils and committees of the district.<\/p>\n <\/i><\/p>\n v\u00a0 Consensus does not mean one hundred percent agreement. Seldom will everyone be wholly satisfied with any decision. Consensus does require that all participants be able to accept and support a decision.<\/p>\n <\/i><\/p>\n v\u00a0 Consensus takes time, and decisions should not be rushed. When the process is effectively implemented, it provides the opportunity for compromise and precludes the unilateral, capricious, or arbitrary exercise of power.<\/i> <\/i><\/p>\n <\/i><\/p>\n Clearly, the Superintendent\u2019s method of implementing his restructure plan did not \u201cpreclude the unilateral, capricious, or arbitrary exercise of power.\u201d<\/i><\/p>\n You will note, that the concerns I have outline in this letter, are but echo\u2019s of what the Board heard from members of the community at the November 3, 2015, Board meeting:<\/p>\n <\/i><\/li>\n Furthermore, I was not at all surprised to learn that administrators in the District had arrived at the same conclusions to those I was hearing in the community. The District administrators made the following points in a meeting called by the Superintendent: [20]<\/a><\/p>\n <\/i><\/li>\n <\/i><\/li>\n <\/i><\/li>\n <\/i><\/li>\n We must not forget that, \u201cthe Salt Lake City School District Board of Education recognizes the importance of \u2026community involvement in the educational process as a critical component of student success.\u201d [21]<\/a><\/p>\n To that end, the Equity Leadership Team was formed which is composed of employees and members of the community. This group has met monthly, for the past year. Their stated purpose:<\/p>\n \u201cAs a member of the Equity Team, you will participate in a monthly professional learning community focusing on and being accountable for personal, professional and institutional engagement in equity work. We will meet to deepen our learning of educational inequities and how to eliminate them<\/b> by having the courageous conversations that address them, and participating in reflective, equity driven exercises. We will use action research methodologies and equity audits to identify successful practices within our system and impact all students by building an equitable, quality education\u201d.<\/i><\/p>\n This District-wide Shared Governance council has consistently voiced their concern that the resources in the Equity Department are so dismal, that it is not possible for that department to carry out their mission and stated goals. As a result of those discussions and observations, the recommendation was put forward to elevate the position of Equity Director to that of Associate Superintendent of Equity and Diversity<\/b>, thus empowering that department with the authority needed to help schools improve the educational outcomes of our students.<\/p>\n The minutes to the June 3, 2014, Board meeting quote me as follows:<\/p>\n \u201cHe said he does not feel there is a lot of support district-wide and he supports the creation of a new position for an Associate Superintendent of Educational Equity & Diversity which would allow the district to support efforts district-wide, instead of patch work at individual sites. He distributed a letter and supplemental information stating his support and outlining how the idea for the position had developed.\u201d<\/i><\/p>\n In light of the Boards stated policies and agreements, I have to ask myself:<\/p>\n I predict that this District will not survive another eight months of this kind of foolishness. As a Board, we need to assume our leadership role more assertively and with greater dedication as guardians of educational excellence and equity. We need to compel Superintendent McKell Withers to respect and honor established Board policies and negotiated agreements!<\/p>\n Shalom,<\/p>\n J. Michael Cl\u00e1ra cc:<\/b> Ms. Josie Valdez [1]<\/a> Board Agenda 11\/17\/15<\/p>\n<\/div>\n [2]<\/a> Board Policy B-2<\/p>\n<\/div>\n [3]<\/a> Ibid<\/p>\n<\/div>\n [4]<\/a> Rosemary Emery email to Heather Bennett 11\/14\/15<\/p>\n<\/div>\n [5]<\/a> Board of Education Handbook<\/p>\n<\/div>\n [6]<\/a> Revised and approved by the Board 10\/07\/14<\/p>\n<\/div>\n [7]<\/a> Revised and approved by the Board 11\/03\/15<\/p>\n<\/div>\n [8]<\/a> Board of Education Handbook<\/p>\n<\/div>\n [9]<\/a> District GRAMA Response 08\/18\/15<\/p>\n<\/div>\n [10]<\/a> Salt Lake City School District \u2013Assessment Report on Human Resources Functionality Human Resource Audit \/ February 2015<\/p>\n<\/div>\n [11]<\/a> Board Policy B-1<\/p>\n<\/div>\n [12]<\/a> Board Meeting Minutes 06\/16\/15<\/p>\n<\/div>\n [13]<\/a> Written understanding Salt Lake City Board of Education & The Salt Lake Association of School Administrators 2015-16<\/p>\n<\/div>\n [14]<\/a> Utah Code \u00a753A-8A-601(2)(i)<\/p>\n<\/div>\n [15]<\/a> Board Policy B-1<\/p>\n<\/div>\n [16]<\/a> Ibid <\/i><\/p>\n<\/div>\n [17]<\/a> Ibid <\/i><\/p>\n<\/div>\n [18]<\/a> Jason Olsen Memo, District Reorganization Meeting Summary 11\/03\/15<\/p>\n<\/div>\n [19]<\/a> Shared Governance Guide<\/p>\n<\/div>\n [20]<\/a> Jason Olsen Memo, District Reorganization Meeting Summary 11\/03\/15<\/p>\n<\/div>\n [21]<\/a> Board Policy C-1<\/p>\n<\/div>\n<\/div>\n 111515BENAGEpdf<\/a><\/p>\n Portion of Board Meeting: Michael & Superintendent (YouTube)<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" On 11\/15\/15, in violation of Policy I-10 & G-19, the Board of Education voted to support the\u00a0Superintendent’s ALL WHITE Reorganization plan. COPY OF\u00a0LETTER I DISTRIBUTED IN THE BOARD MEETING:\u00a0 15 November 2015 DELIVERED: ELECTRONIC MAIL Ms. Heather Bennett, President \u2105 Salt Lake City School District (District) 440 East 100 South Salt Lake City, Utah 84111 Re: Agenda Items Request for November 17th \u00a0 Dear Ms. Bennett, I am pleased to see that you … Continue reading
\n<\/span><\/b>DELIVERED: ELECTRONIC MAIL<\/span><\/b>
\nMs. Heather Bennett, President
\n\u2105 Salt Lake City School District (District)
\n440 East 100 South
\nSalt Lake City, Utah 84111<\/p>\n
\nI am pleased to see that you have acknowledged that the Superintendent\u2019s reorganization scheme is indeed subject to Board approval.[1]<\/a> I am however, disappointed that you did not allow a place on the agenda for the public to address the Board. I ask that you reconsider this decision and modify the agenda to allow for public input on this vital issue. <\/span>It serves no one for you to continue to protect the Superintendent\u2019s antics, please don\u2019t lose sight of the fact that \u201cthe Board recognizes that public comments and suggestions are vital to its decision-making process.\u201d<\/i> <\/i>[2]<\/a><\/p>\n
\nLike fellow Board member Emery, [4]<\/a> I too, am of the opinion that the McKell reorganization plan and the approval of new employment contracts need to be treated as separate issues. In other words, I believe that the Board must first consider and modify the three items listed above before we can consider the employment contract changes listed on the agenda for the 17th<\/sup> of November.<\/p>\n
\nBased on the feedback I have received from members of the community and employees of the District, I am convinced that the language in these two policies are indeed, \u201c\u2026expressions of the community\u2019s aspirations for its public schools\u201d<\/i>.[8]<\/b><\/a><\/i><\/p>\n\n
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\nOn June 16, 2015, the Board approved changes to the Written Understanding with SLASA as well as 3% COLA, Steps and Lanes and a 16.28% District share of insurance increase. [12]<\/a><\/p>\n
\n<\/i><\/b>It shall be the policy of the board<\/b> that procedures in the following areas will be established in an agreement between SLASA and the superintendent<\/b>: <\/b><\/i><\/p>\n\n
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\nAnother aspect to this latest fiasco, is the Superintendent\u2019s total disregard and disrespect for the tenants of Shared Governance. Referring back to the Public Information Officer\u2019s Memo,[18]<\/a> we are told the following:<\/p>\n\n
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\nBoard Member, District 2<\/b><\/p>\n
\nDr. Paula Smith, University of Utah
\nMs. Jeanette Williams, NAACP
\nSalt Lake City Board of Education
\nSenator Luz Escamilla, Utah Senate
\nMs. Nubia Pe\u00f1a, Racially Just Utah
\nMs. Anna Jane Arroyo, IMAGE de NU
\nMs. Christine Marriot, SLASA President
\nMr. Archie Archuleta, Utah Coalition of La Raza
\nMr. Gregory Lucero, Utah Against Police Brutality
\nSalt Lake City School District, Equity Leadership Team
\nU.S. Department of Education \u2013 Office for Civil Rights
\nRepresentative Mark Wheatley, Utah House of Representatives
\nRepresentative Sandra Hollins, Utah House of Representatives
\nRepresentative Angela Romero, Utah House of Representatives<\/p>\n
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