Posted on 23 March 2017.
Contracts, privatization of transportation
By Judy Reed
Board votes on administrative, other contracts
The Cedar Springs Board of Education found themselves split 4-3 Monday evening, March 13, when voting on contracts for administrators, executive assistants, and administrative assistants.
Dr. Laura VanDuyn, Superintendent of Cedar Springs Public Schools, brought the contracts to the Board that evening. She told them that all the administrators, except one had agreed to the contracts.
Trustee Ted Sabinas said up front that due to the lack of time they had to review, read, and compare the administrator contracts to the previous contracts, and due to the lack of collaboratively working with the administration on the contracts, as had been done in the past, he would be voting no.
VanDuyn assured the board that she and Carrie Duddles, human resources director, had met with the administrators several times, fielded phone calls, and gave them opportunities to ask questions.
A vote was taken on whether to table the administrator contracts, and it was defeated 3-4. Sabinas, Michelle Bayink, and Brooke Nichols all voted to table. A motion was then made to approve the contracts, and it passed 4-3. Shannon Vanderhyde, Heidi Reed, Patricia Eary, and President Matt Shoffner all voted to pass the contracts.
The Board voted 4-3 to table the executive assistant and administrative contracts, because they had not seen them. Sabinas, Bayink, Nichols, and Shoffner all voted to table them. Shoffner said that he voted to table them because the contracts were not in the packet and he wanted to see them. He said he voted to pass the administrator contracts because they did see that information.
The Board then had to vote on a non-renewal of contracts for two employees—high school principal Ron Behrenwald and transportation supervisor Jerry Gavin.
VanDuyn said that Behrenwald was the administrator that did not approve his contract. She explained that he had asked for more time to review it because he had a question about salary. She then explained that in order to meet the requirements of Section 1229 of the Revised School code, and to meet contract language, the board had to give 30 days notice that they were considering non-renewal if there was any delay in signing the contract. The Board would have to give final notice on April 24, so the process needed to start that evening, March 13. According to the law, the administrator would be notified with a letter, which was reportedly dated March 10, and would give the reasons for non-renewal. VanDuyn said Behrenwald could still sign his contract up to April 24.
Nichols questioned the letter. “I feel like if we pass this, it’s a non-renewal,” she said. “I feel like there should be reasons in the letter, with written statements on why we’re doing non-renewal,” she said.
VanDuyn told the board their attorney drafted the resolution and the letter, and that the letter spoke to multiple discussions or opportunities to discuss the contract, and spoke of the delay.
The Post sent a FOIA request for the letter, among other items, but the administration opted not to fulfill the request for another 10 days.
The Board also needed to vote on non-renewal of Gavin’s contract, due to the fact that they are looking at restructuring transportation, and possibly privatizing it. VanDuyn said he would not have the same contract, and they currently haven’t offered him another contract. She said that they can’t give him a definitive yes or no on his job, and that they have had discussions with him. “We will wait and see as we explore privatization,” she said. “He’s well aware.”
VanDuyn noted again that the process of non-renewal needed to start that night to meet the timeline, and that waiting until March 27 would be too late, since they need 30 days and the final vote is April 24.
The Board voted 4-3 to pass the non-renewal of Behrenwald’s and Gavin’s contracts. Sabinas, Bayink and Nichols all voted against it. Shoffner said he only voted to pass them in order to make the needed time line.
Under Section 1229, those getting a non-renewal notice are also allowed a hearing before a majority of the Board. According to Thrun Law Firm: Strict adherence to the Section 1229 timelines is critical, as a school must give the affected administrator notice that the board is “considering” nonrenewal along with a written statement of the reasons for nonrenewal at least 90 days before the affected administrator’s contract expires.
Section 1229 also requires a period of 30 days before the board can make a final determination on whether to nonrenew the affected administrator. During this period, the affected administrator must be given the opportunity to meet with a majority of the board members to discuss the stated reasons for the nonrenewal.
The school board then must make its final determination and give the administrator notice of that decision not later than 60 days before the affected administrator’s contract expires. Under Section 1229, a school may not nonrenew an administrator’s employment contract for a reason that is “arbitrary or capricious.”
Privatization of transportation
Supt. VanDuyn spoke to the Board about the plans to explore privatization of busing. She said the one of the recommendations made by the Excel Consulting Group last year was to get a quote on privatizing busing. They received an informal quote from Dean’s Transportation, and they brought them in to meet with the bus drivers, first in small group, then in a larger group. She noted that they wanted the bus drivers to weigh in on this, and that there would be meetings with them last week. “It’s been a great collaboration process,” VanDuyn told them. She said that she would have information for the Board at the March 27 meeting.
According to the most recently amended budget, the budget for transportation is $2,926,976. And, according to statistics posted on their website from April 2016, they had 41 buses in their fleet.
The Post asked the Superintendent some questions about the possibility of privatization, savings, what would happen to the buses, and other things, but she declined to comment, because the board had not yet seen any information.
Please note that there will be a special board meeting on Monday, March 27, and it will start at 5:45 p.m. That is an hour earlier than normal.