School Board Meeting November 13, 2025 Open Session

001Good evening and welcome to the November 13, 2025 meeting of the Laguna Beach School Board Board of Education. Um the open session is called to order at 610. Thank you. Dr. Glass is unable to attend tonight's meeting due to a family emergency related to his mother's health. Um, he and I talked about it before and of course I encouraged him to go back to Kentucky as soon as possible as I'm sure any of you would do. Also, Clerk Hills is absent tonight and I have a statement to read from him about his absence. They both don't want you to think that they're off partying or anything. They're legitimate. You know, where did I so many pages here? Where did I put that one? Here it is. Um, uh, board member Hill says, "Having worked for

002nearly a year to advocate for development of agenda before the board tonight, I welcomed and was eager to participate in tonight's public meeting. The only possible circumstances that would keep me away have occurred. Later tonight, I will be admitted to undergo major surgery to address a medical condition which doctors told me in August must be addressed in order to prevent the certainty of life of a life-threatening health crisis. I don't mind saying how very glad and grateful I am to inform the community that this is not due to any common or generally occurring medical condition. It is rather a procedure to correct a condition causing recurrence of damage to my left kidney sustained in 1979 while serving as a Peacecore volunteer on a ro remote remote Pacific island without access to medical care. This surgery

003was pending earliest possible scheduling and after two months of waiting we were advised on November 7th that a cancellation enabled me to undergo treatment tonight. I still plan to attend the meeting before going to the hospital, but my doctor ordered me not to do so for medical reasons. In that light, then the only reason I'm not there is that I owe it to my family to follow their wishes given the doctor's orders. I hope and trust the meeting will be productive and I look forward to attending the next meeting when tonight's discussion items will be on the agenda for action by the board. Both Dr. Glass and Clerk Hills wanted everyone to know that they definitely wanted the meeting to go on and not be cancelled because they couldn't be here. And next, um, there

004have been some public comments opposing moving non-aggenda items to the end of the meeting, and we are all listening. We appreciate that input. for this meeting and the December meeting. The agendas are very packed due to only having one November meeting, one December meeting. And um in fact, today we began at four o'clock to try to keep the ending time not not so late in consideration of our staff and also the board being able to make thoughtful decisions. We all have very busy days and by 10 o'clock tonight, we will have been in meetings for six hours. We want to be on our best for important upcoming decisions about insurance, the upcoming bids about the swimming pool, a possible school bond, and many other issues. There are other school district that have public comment on

005non-aggenda items at the end of the meeting. In fact, Dr. glass. Those last two districts had public comment at the end. I know this is not what we've done before and we really want to consider that. Coming in January, we will consider putting them back at the beginning. Um all to kind of work on this, we are adding special meetings to our agenda for next year. So, we won't have a problem. um they'll already be on the agenda and we can cancel them if we don't need them, but we'll already have them on the agenda if we need special meetings. Um that way people can plan ahead and we understand if some people can't be there like tonight, Dr. Glass and Clerk Hills, all of us are trying really hard. Please don't blame us if

006we can't be at a meeting. Um I also spoke with our attorney, Mr. Danforth about letting students go first because I wouldn't want them to have to wait till the end. So if there are any students that have public comment, they are welcome to come forward. No. Okay then. Okay. Um let's see. Can you lead us in the pledge of the pledge of allegiance? Put your right hand over your heart. Ready? Begin. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. um report on close sess session is denial of claim number 663270 versus Laguna Beach Unified School District on a motion by board member Kelly and seconded by board member Malchesky

007and a vote of four to zero with all members voting yes or um the claim in its entirety authorized staff to provide written notice of the board's action to the claimant in accordance with government code 913. Also on a motion from board member Kelly and seconded by myself are on agenda item 4C. Trustees voted 3011 with three yes, one abstension, one absent to approve the stipulated expulsion of student number 202526 for 2526. Okay. Um now um reports beginning with CSCA Basa. >> Good evening President Barry and board members. So we've had a very productive month filled with important activities including our fall scholarship fundraiser and officer elections. I'm pleased to share that our fundraisers was a success. We raised nearly $800 to support scholarships that we offer for classified staff members for um senior graduates.

008They do not have to go to Laguna Beach High School. They can go to outside um high schools as well um just as long as their parent or grandparent is a member and of our union and classified staff. And that's one of our fun things that we really like to do. So far, we've identified seven seniors for this year who will be eligible for the scholarship. We also held our officer elections and I was honored to have been reelected unanimously as president for another term. Bundy Kinder was also reelected as um recording secretary and we are really thrilled to welcome a new addition to our executive board. Deb Maya um the administrative assistant at the high school will serve as our new communications officer. For the past three years, we've been fortunate to maintain a

009full executive cabinet, and I'm truly grateful for the ongoing dedication and the commitment by our members. I'd also like to take a little moment to reflect on who classified staff is and what it is we represent because there's been a lot of discussion lately about the unions and often in a less than positive light. But it's essential to remember that the union represents the classified staff and we like to think we are the backbone of the district. We're the employees who serve students, the organization, you guys clients every single day. Without this group, there'd be no students to serve and no districts to sustain. We are the ones who feed the students and ensure they have the nutrition they need to learn. We keep them safe and supervise their daily environment. Support their learning through

010direct academic and emotional assistance. Maintain facilities to ensure our classrooms and campuses are clean, safe, and functional. Keep our technology running. Enabling access to learning and innovation. Care for students health. Providing first aid and compassion when they are sick or injured. Supply schools with the materials and the resources necessary for instruction. Guide strengths. guide students in their college and career planning. Staff our libraries, creating safe and welcoming spaces where students can come during recess, lunch, and after school. Places where they can explore their interests, connect with caring adults, and find belonging through books and learning and serve as registars, as a first point of contact who welcome new families and connect them to our Laguna community. And even tonight, you wouldn't be able to have your meeting without classified staff. were the ones who set

011up the room, run the it so it can be live stream, prepare your dinners, snacks, assemble board packages so the meeting can run smoothly and stay late into the night to make sure everything is done only to get up the next morning, go right back to work serving students. So when we talk about the unions, these are the people we're talking about. They're the very individuals who show up every single day to lift up, teach, support the students we all serve. Um, it is deeply concerning to us that we to see one of the proposals that would claw back a modest 3% salary increase while imposing health care cost increases of 4 to 600% on the very employees who keep our district running through no fault of their own or that of the union. And

012as a side note, as one member had mentioned, um, uh, one board member mentioned, our members do choose the plans that they can afford based on the numbers and the information provided during open enrollment. They made thoughtful, responsible decisions for themselves and their families and now face unexpected financial strain because of changes they did not cause. So these are real human beings. They're our colleagues, our partners in education who deserve respect, stability, and fair compensation for the vital work they do every single day. I just want to thank them for all that they do. Um, they're a great group of people to work with, as well as our teachers and admin. Um, as well as I always say this is a great district to work for, but I just kind of wanted to do a

013reminder when we keep talking about the unions. The unions, that is the union. That's who we're talking about. So, thank you. >> Thank you, Mr. Wikah. >> Thank you. Um, as we have two people missing from the dascese, I'm going to change up a little bit of what I was going to say, but I want to start on a very positive note. The Lagouna Beach High School um came alive with creativity and inspiration do our annual flow celebration. Um, it's done in part with partnership of Coast Film and Music Festivals. Um it was an incredible week at the high school as well as this weekend downtown. Um we used two of our days of tutorial to actually have the students go to different areas and listen listen to different uh inspirational speeches from people from

014the community outside the community. Um I I got to go to one. It was amazing to listen to and see the students so engaged in it. So um I just want to thank um Sarah Benson and Shelley O'Brien who lead that charge up. there's a lot of other people involved, but um they spent a lot of time putting that week together and I think it it came out flawlessly. Um and then I just wanted to tag on to the insurance issue a little bit as we're going to get a presentation and learn a little bit more, but um we've heard a lot about the unions, the contract, but the insurance actually affects a lot more people than the people in the unions. It actually affects a lot of people at the district um that aren't

015in the unions. It also affects retirees um that have been given insurance and I think there's even a few board members here that take the insurance from the district um which is you know perfectly fine but the point is is when we when we talk about this issue it's not just a union issue it's a district issue and we should look at that as such and we're looking forward to working um with manoj and uh glass on getting our contract where it works for everybody. Thank you. Thank you, Dr. Mayberry. >> Hi, thank you. Yeah, I al too I too wanted to just thank the Coast Film Foundation for their partnership uh with with the district and the coast film f music film and music festival. Uh it's rooted in our shared commitment to environmental

016stewardship. Uh it's a part of the flow week as Mr. Wickup said uh and really highlights, you know, how education, the arts, sustainability can come together to inspire creativity. Uh take action and make a deeper connection to our planet. Uh we had speakers at the high school, middle school, elementary. Our students were over at the festival of arts for an environmental stewardship day through flow fair, the flow art experience. Uh as well as some students on the panel at the Rivian Theater. So it's really really impactful for our students uh and such a benefit that we're able to have that partnership with them. And then I also just wanted to make note of uh this coming week uh two other really exciting events. Uh Tuesday we'll have our Math Quest family night for elementary parents

017over at Top of the World uh at 5:00 as well as the high school will be doing their grand opening for their garden uh on Thursday afternoon. And so that's that'll be the all four schools will now have a garden program. Um this one's being led by our student leaders to develop that. Uh and so we're excited to to do an opening of that this Thursday. Thank you. >> Sounds great. 1:25 p.m. during tutorial. >> The garden dedication is at 1:25 1:35. Sorry. >> Tutorial Mr. >> is that one? >> Yeah, I think around 1:30. Um, next, Mr. Rajaduri. >> Thank you. Good evening, board president, members of the board. So uh we are on our fifth month of the year and uh one of the significant board approval that we'll be seeking next month

018is the first interim which is our first interim budget approval which through October 30th the first four month we'll be able to get some numbers as to how we are doing compared to our budget. So this will be an opportunity to visit if we need to change course on any programs or any plans that would be a good opportunity for the board to review and see where we stand on our fiscal matters. So that will be on the next month. On an exciting note uh the pool project is going as scheduled. Uh we had a couple of job walks done. The last job walk was today itself. Uh the bid opening will be on December 11th at 2:00 in the district boardroom. So for folks who haven't seen a public bid large construction public bid

019opening, you are invited to attend. We'll be able to tally up the individual packages. Remember, we have 20 packages in the in the project bid. We'll be able to tally up and quickly announce who's the low bid. That does not necessarily mean that this is the lowest response. We'll take our time to evaluate and go through the metric if the bids may be low, but it has to be the responsive so they address all the needs on the on the requirement that was specified. So with that being said, we anticipate bringing the award the 20 bit or less than that in the January board meeting. Excellent. Thank you. >> Thank you. Lynn, >> do you have a report either from the superintendent or yourself? Um >> I I do not have a report from Dr.

020Glass, but I do want to send our our thoughts and and well wishes to both Dr. Glman's family as well as Mr. Hills. Um we wish them both well. And then want want to wish everyone a relaxing upcoming fall break. Welld deserved time with with family. So and and with the length of the meeting tonight, that that'll be my report. Thank you. >> Um, member Malchesky, are there any speaker cards for those wishing to No, I guess they're not going to comment on this. The move to the developer fee reports. Mr. Mr. Rajarie, are you going to talk to us about the developer fee reports? >> Sure. So, uh, this afternoon we'll have, uh, Ryan Zazda, who will be presenting the developer fees report, the reason as to why we do it, and what's the

021status. >> Ryan, >> thank you. Good evening, President Perry, members of the board, student board reps. U, this is the annual developer fee report brought to you for information. It shows the amount of developer fees collected over the past year and the intended purpose for what they'll be expended on. Some of the highlights in the report that I'd like to point out is that the current rate for developer fees has not been increased since 2001. Our current rate for residential development fee is $25 per square foot. That's for allowable livable space over 500 square f feet. And then for commercial, we charge 33 cents per square foot. We collect about $150,000 a year in developer fees. And over the next three years, we forecast receiving approximately $500,000 in revenue. We um the developer fees, they

022must be used for new programs or growth. And our TK kinder mods at Top of the World and Elmoral Elementary are just that, programs of growth. Um when looking at um the needs of those spaces, um we have a need to bring them up to current CDE standards for classrooms for size and on suite restrooms. Um, if we look at the projected cost for those projects, the developer fees will not fully fund those projects, but they do cover some of the cost. And that is where we will put the developer fees to use. Again, this is an annual report for your information, and we're happy to answer any questions you may have. >> Any questions by board members? >> I have a couple just real quick ones. What didn't we do a TK modification last

023year because we have TK in classrooms now? >> Um we do have TK a TK program although we are using the classrooms that we we have. We have not um performed any modernization to the classrooms besides purchase of new furniture and some minor items. >> What is the timeline that we have to complete um reconstruction of these classrooms so that they're TK compliant? >> Uh there's not a defined timeline. We're not required since I think we're a basic a district and we don't we don't receive money. So we it's um something that we would prefer to do to bring them up to CD standard just to have classrooms that meet those space requirements on suite restrooms and just you know provide the best learning environment possible. So >> Sure. Sure. No, absolutely. That's that's essential.

024I just am curious as far as um how all that works. Okay. Um, is this money that we received is that in let's see should we be getting updates? >> The where is the TK classrooms in the um facilities master plan? What is the schedule for that? >> Um they're in the TK master plan. Um they're shown right now in the design phase. Um the plans are about complete and we're scheduled to submit to DSA over the next couple months. Um so I would say at this point it's within the next year we'll have DSA approved plans for our TK modernizations at both top the world and Elmoro Elementary. At that point it becomes um a funding mechanism and a scheduling mechanism. Um so they are in the the facility master plan. They're shown to

025be completed after the pool project. So um there so that's something we'll probably address you know in the near future. And um yeah, I don't think I want to go into details there, but um there will be some opportunities um looking out past the pool project to complete these projects. Uh state funding is one possible funding source that when that money comes in that could be that could be allocated and used for the TK kinder mods. >> So funding that comes in that would be specific for TK or just general funding, we can use it how we want. >> It would be under the board's discretion on where to replenish the accounts. >> Great. Thank you. But that's one option that you could do. >> Okay. Thanks. Sorry, I didn't mean to cut you off.

026Any other questions? Word questions. Okay. Is there public comment? Uhhuh. No public comment. Okay. Let's move on then to the healthcare insurance update. Good evening board president. So this evening we are going to cover the health and welfare benefits uh issue that has been uh kind of relayed to you by the special audit that was done by Michael Bishop and associates and thereations as to how this um prospectively and also retrospectively. So with that I want to start by kind of generalizing or standardizing some terminology. Uh it's usually in the world of in our association documents the collective bargaining it's called fringe benefits. So it's a little different from health and welfare. I think we have talked to Mike and we will go and uh standardize those inconsistencies across uh the CBAs and terms because

027under the government code agencies or employers are required to provide health and welfare benefits to its employees. So those are some of the terms that we will use term and then as I go through the presentation I will refer to some of the terminologies that we have been using incorrectly and and I'll try to address couple of them. So, as you know, this is just a recap. Between July and September, the district engaged an independent company, Michael Bishop and Associates, to review the disparity between what was charged to the employees and what was required to be charged and figured out that over the past 3 years, the district uh actually made excess contribution than that's what required by the employer cap in our CBA. BA as mentioned during earlier it does not implicate that only

028the employees who are covered by CBA was impacted. It's all the employees in the district whether they were covered by CBA or unrepresented and management. So the district contribution exceeded the CBA individual caps and limits on a individual level and also at a total level and there were some identifiable gaps in our internal control as to how the rates individual rates are developed based on what's mentioned on the CBA and what the market rate is and I'll address those on some of the subsequent slides. There are four recommendation. The first recommendation was to align the health benefit year with the fiscal year and I'll touch uh extensively on our plan to address that inconsistency or alignment. There was a recommendation to enhance the communication between business services division and human resource division. both play a

029key role on addressing the CBA and developing the employee rates. Um the simplify the health and welfare benefits gaps and the plan structure. We'll go over the plan structure, the tier and the category. And then also a recommendation was to assess the staffing levels at human resources and business division and see if we need to address that. So those were the four pillars of the recommendation and on my presentation I'll address those uh from the district point as to how we address those recommendations or deficiencies and if we need to. So before we jump on the recommendations there, this is kind of a snapshot of what I have seen over my last one month as I studied the CBA and the health benefits. So I kind of categorize it in um three distinct kind of

030buckets. The first bucket was pre207. So that's the first column you see there was in the CBA a total health and welfare dollars budgeted for all district levels at the fund level. So all it said was I have some of the old CBA physical hard copy. I looked at 2013 145. It said that the district health benefits cap for the total number of employees is about four and a half million and it changed every year. So it kind of capped the total benefits dollars that the district is going to spend on behalf of the employees irrespective of the number count of employees or the plan or categories. So this was a pre207 model and then I believe um after 2017 the district what we call move to a category and a tier structure. So this

031is standard across best practices that we have seen across school districts in California and also governmental agencies. Um the uniqueness in this district is uh we also have not only categories and when I say categories it means if you are just asking a self coverage individual coverage employ your spouse employ your children or employ your family which is both spouse and and kids. Uh the two distinct categories we have is we have different individual caps for HMO and PO. So those are the broad plans. HMO plan is is a little different from a PO plan. So between 2017 to 2020 uh I just took one year for an example. I took 201920 and I provided the numbers behind uh some of the categories and the plan just to look into uh get to where we

032would be for a PO. The district said for an employee and spouse we will pay the district employer contribution will be $23,285 that we will pay on behalf of you if you are choosing employee and spouse category for a PO for a HMO since the cost was less we will pay up to $15,150 that individual numbers by tier changed every year between 2017 or 2020. What you have on the exhibit is just a sample plan from 201920. Then looking into 21 22 and going forward up to present I see that there was a change in the category payment. If you compare the category payment, looks like the PO category went down for an individual and also employee and spouse and the HMO category, the individual employer payment went up. So it could be that uh

033the district or the plans are trying to drive employees u into the HMO plan kind of making it a little more attractive by offering more uh higher cap for an HMO as opposed to PO and I'll share the count the current count of the PO and HMO that will give you a fair understanding as to how many folks in the districts who are taking benefits are on each category and each tier. So uh that that's a sign remarkable change from PPO to HMO and that's why I wanted to kind of segregate different cost. So those are the plans. Uh the plan individual cap has not changed employer individual cap has not changed since 2122. And we all understand that the health bear benefit cost right that's the cost that we receive from Anthem Blue Cross

034Kaiser Permanente they are indexed to several factors the demand the prescription medication cost and also uh there are other research and and development and other administrative cost. So those have usually in California particularly in Southern California have gone up about 4 to 5%. In some years they have gone up 20% in in some years. Uh unfortunately that district annual cont contribution has not changed. uh over and above that in September 2021 the district had anou with uh the association of certificated uh teachers and admin certificated teachers and certificate employees where the board allocated 350,000 and I believe it was from the surplus from the COVID funding that the district had although it did not specify where this funding is coming from to address the higher cost of health benefits. The correct way to address that

035would have been to appropriate that amount to increase the individual health benefit caps because that's the correct way it should have been done. Unfortunately, that was not done in this district. So although the board allocated the 350,000 in 2122 and it specifies it is only for one year because it was a one-year surplus um that funding was never appropriated in the budget on an individual cap level. So I'll address that again in some of the slides but to give you an overview as to where we are with respect to number of employees who take the four different plans that we have in this district. We have two anield blue shield HMO plan one Kaiser HMO plan and then one blue shield PO plan. So those are the four columns that you see the broad columns

036and within each column you see the blue bars are the ones that are employee only. The orange bars are employee plus spouse and the gray color ones are the employee plus children not the spouse and then the yellow color or orange color would be the entire employee plus family. So if you look at this looks like the blue shield trio HMO is the most popular plan out of 309 employees 113 employees are selecting that particular plan but in different tiers and out of that plan the family tier has the highest number of counts uh that we have 51 Kaiser being the second one and as you can see the PO plan there are 46 six folks that are taking the plan. U that's less than about 15% I will say uh but it's still a

037material number right and true to as what we find out in medical uh health care needs every family makes the decision based on what their needs are what their family situation is and how much they can afford. So these are the individual employer cap. This is not what employees are paying. How are the employee rates um determined? So every year we have the contract which says the employer will pay if you are in Kaiser family plan the employer will pay up to 13,000 or $12,000 for the Kaiser family plan. The variable is what the market rate is. what is Kaiser going to come and offer the district uh as to what the family rate will be for 2627 or for this matter that's the variable and our fiscal year starts on July and goes through

038June most of the large individual providers insurance company they determine their rate around April or May and there is a reason for that uh They determine what the future rate is because the largest buyer of medical insurance is Medicare. Federal government their calendar starts October through September. So they try to align the medical insurance company try to align or determine the rate what Medicare is going to pay. So there is a negotiation going on based on that then they determine what the rates would be for other large pools. So they uh if we are to align our fiscal year with the health plan year then we'll have to get the rates from the medical insurance provider as early as January or February when they may not be ready. They may come out with a blended

039rate and they will say hey this is based on what we know now. So there is some risk to that and I'll address that at a later point. So once we know the rate about in April or May that this is what Kaiser or Blue Shield is going to charge for different tiers different plans HMO or PO it's easy for us we know what is our employer cap for individual for Kaiser is we know what the cost of Kaiser is for individual we just subtract the cap from the rate and We determine how much the employee is going to pay on an individual level. And that document we I have provided a copy. You will see it on your desks. It is the employee benefits guide that we have. It's published every year. Um it's

040what we call we share with all the employees. This is distributed around July, August and open enrollment, healthc care open enrollment starts. So on this document you will see one page here and it's every year we come up with this document uh Mike's team works with our broker Baldwin group to come out with the rates that the insurance companies are going to charge. We made the mathematical calculation and we determined what the individual employee rates are based on that's the equation as I said health and benefit welfare rates the market rates let's subtract our cap and that's how employee contribution is determined so health and welfare rates come from our broker sometimes directly from Kaiser the health and welfare plans rates individual cap is or maximum cap is determined by the contract and this is

041just a derivative of the rates and the cap did that equation happen unfortunately no so that's why I said like when we published this document benefits rate what should have been the correct rates the employee should have paid did not match that equation So this was uh for the last 3 years that I've seen this rate was lower than what it should have been and that's where the error happened. Um and that's why we are in this difficult situation and having this conversation. So this chart kind of gives you again by the four plans uh the total bar the columns that you see should have been what the employee should have paid. So for example, if I look at the first column, uh the Kaiser single, as you can see the blue bars, the employee

042should have paid $2,526 annually for subscribing to the Kaiser plan um on an individual basis. if they're just asking for an individual coverage. What the solid part at the bottom is what the employee actually paid. So the employee paid $500 which equates to $50 a month because it's deducted 10thly. So the employee paid $50 a month where they should have paid um $25260 a month. So that's the excess contribution. What you see on the bar hashed portion is the district picked up for the last three years. And that was the finding of the assessment. And this in a nutshell shows you where it's it's not equally distributed for some plans. Example, the Blue Shield PO, the employee paid a significant portion as compared to what they should have been paid versus the Kaiser HMO employee

043plan question. >> I just have a clarification question. So when you say like for the blue line, that dark blue line is what employees actually paid and then if you go to the top where the diagonal lines go, that's what they should have paid. But is that based on the rates that they should have been paying if that book was updated or does that also take into account if the rates were updated? I mean, or does it also take into account that the district contribution also didn't increase? >> We kept the district because we have to be true to the CBA collective bargaining. The district contribution stayed the same in 21-22 >> because that's bargained. >> That's bargain for. So, we have to honor that. That's the static piece. The market rate fluctuates. So we

044take the difference between the market, what the market is charging versus what the district is going to pay. And the difference is what the individual should pay. And that's the difference that you are seeing. >> Okay. But but if we had realized that and it was in the middle of a bargaining agreement, would it have been possible to go to in any way change the contribution of what the district was paying? >> My understanding would be yes. And this is speculative because had we shared in our benefits that this would have been the rate. I mean now a person paying $50 if we have to go back and tell them to pay $252 per pay period for the 10thly I think it's a burden on an employee. But legally that's what we need to do

045because if we have to honor the CPA versus what the market rate is what it does um that's what it should be. Okay. Just from a mathematical calculation stand. >> Can you repeat that? Can you repeat what you just said? I just want to I want to make sure I heard it right. So legally if we go by what the market rate is right we cannot change the market rate because these are negotiated rates between the broker and the insurance provider sometimes between the insurance provider and directly with the district uh Kaiser and the other rates come from the broker we don't have control over that rate okay so that rate is set by the market every year legally we we are obligated to pay up what the CBA says that we should pay this

046much for an employee coverage for an HMO for this cater. So if we go by that then the numbers you figures you see on the top of those chart is what the employee should have paid for 2526 in 2425 it was different because the market rate was different uh this is just a sample of 2526 the employee if I take one's blue shield PO family plan they should have paid um basically ally 13,790 that means $1,379 each pay period 10thly what they have paid is $8 if I can read that correctly 800 $9,420 so they paid 942 whereas they should have paid 13,000 I mean $1379 so that's what the difference is and that's why we are coming back and showing you the excess contribution. So the hash area is the excess contribution per employee.

047If you multiply that by the number of count of employee in each category and each tier that's the total excess contribution and I'll share that figure with you for 2526 um that we are anticipating. So the study that was done went back three years and said that for the last three years 23 24 25 and 25 26 the district is making excess contribution. I went back all the way to 2021. I was able to hand the see the the CBA and the market rates. So let's let's start from 2021 and I'll go over each year and show you what it is. This is again a complex graph. Although there is no cap remember after 2017 the district does not have a health and benefits cap at a gross level at a total level. Okay, that

048we forgo in 2017. We had a total health and welfare benefits cap. uh we did not have a total health and welfare benefits cap. It's a calculated cap based on the individual caps and the number of counts or the counts of each um HMO or a PO category and each tier. So based on that the district the orange bars are the ones that's what the district is paying okay should have paid rather. So if you look at the orange bar for 2021, the district should have paid $4.68 million for employee health and welfare benefits and the district actually spent less than that $4.53 million. So this tells me that in that particular year the employee bore more of the cost than what it should have been. So the calculation went the other way. So the

049employees paid about 150,000 more than what they should have paid. In 2122 the same thing happened. The district by the number of count of each employee and their health benefit cap should have paid 5.42 42 million, but it actually spent 5.19 million and it the employees bore the burden of $230,000 that they paid extra than what they should have been paid if this calculation would have been correct. So tells me that the calculation was incorrect since 2021. I've not gone further back. Uh but that's the calculation and this two kind of ear uh was an eyeopener for me and I said okay uh that's interesting because looks like we never were correct in determining the actual rates correctly in there's a green box on the top in that refers to the 350,000 allocation that the

050district did in 2122 which was allocated but never appropriated. The only way it could have been appropriated would be to lower the or increase the health benefits, individual cap, employer benefits and reduce the employee cap. The trend started reversing in 2223 by the CBA. We should have paid the district I said when we we should have the district should have paid $5.44 million but in spend about $5.55 million. So in excess of 110,000 23 24 it spend in excess of 270,000 and it really spiked because what's happening now here if you can see from the graph the market rates are going up. Your employer individual cap is not going up. So your employee should pay more but they have not based on this incorrect calculation. So it's a 550,000 that's a confirmed number because we

051have closed our books for 2425. For 2526 it's a projected deficit that we will be spending about $840,000 more. One thing that happens throughout the school year is people change plans because there are life events that happen. People have kids, people's spouses may lose coverage. Those are life events and they can move from HMO to a PO or from one tier to another tier based on certain life events and those are codified in the health and government code as to what life events trigger the changes and we have to accommodate. So that's in a nutshell that shows the overages and the underages. So excess contribution or um over contribution. So if you just add the last now six years for this, if you add the two years where the district contributed less than what it

052should have, that adds about $380,000. Interestingly, in the first two years, 22 23 and 23 24 that adds to exactly $380,000 on the other side without factoring in the 350,000. So it's a wash between 2021 23 24 and one may challenge is once the year is over there is no obligation for the employer to recoup the cost or the employee to recoup the cost because your CBA is a legal document. This is kind of a pseudo legal document because the district is making this guide and asking the employees to enroll based on the information provided in the guide. So when I'm making a selection that I will select Blue Shield Trio HMO in August around month of August when the open enrollment happened I am trusting that this information as an employee from an employee

053perspective that this is correct. So I am entering into a contract with the district. Hey I am required to pay only this what you stated on the employee guide. So that's a legal discussion and I'll leave that whether which takes priority. I know the contract is always the the master legal document but whether this can be construed as a legal document and you will see into my presentation in slide that it can be challenged and see what what can happen. So 224 it's a wash 380,000 380,000 without that 350,000 that was unallocated and one the district may said that it was an allocation made in 2122 just for that year we did not do it so it was not spent so we'll take back that money that can be a a way I can see

054we go is the last two years it's about 1.39 $9 million that we are projecting that the district will be deficit spending excess contribution than it what requires to. So now let's go to the recommendation and then I'll go to some of the options board has. So the first recommendation remember the study said align the fiscal year with the calendar year. Um, in most of the districts that I have worked with and all the large districts in California and even outside California, they have this anomaly where your fiscal year does not match the health benefits year because you don't want to have specific rates from the insurance provider which may not be the correct rates because the benchmark rate is the Medicare rates. So you don't want to go and negotiate with them before the

055Medicare rates are determined because we can be stung by. So based on the best practice I kind of showed where our start of the this is a complex chart where our healthy year and fiscal year in the fiscal world we all address this by budgeting our health plans in two fiscal plans into two fiscal years. And this is a easy problem to address and we have been addressing it and we will be addressing it. So I don't need think there is a immediate need to align and go back and align our healthy year to the fiscal year because fiscal year we cannot change it's set in statute by California constitution July through June. Healthy year we can but it's not advisable. So my recommendation is we'll stay with this two different years. the communication, health

056and business services and uh human resources because human resources is publicizing those those rates are determined were determined in the business office and as I mentioned it was determined incorrectly. So what we recommend going forward and I had discussion in our executive c we will do several tiers of checks and balances. We will individually within the business services department and within the human resource division we will determine the rates reconcile if there are any differences and then before we publish this benefits guide Mike and myself or whoever is in this position is going to reconcile the rates and publish so that there is no error. Right? So that's where the error happened. We can address that with a business process change. simplify health and welfare benefits caps and structure. I have seen that structure what

057we call tier structure in most of the school districts in California and even other employees employee employee plus family because otherwise if you have a uniform rate for all what ends up happening is the individual employees subsidize the family legally the cost for family members are more so this is a good structure um PO HMO that's a plan we have two different tiers Some districts have it, some districts don't. They have only one structure. But I think it gives the option to the employees and uh provide some option. So we can live with it in business services and human resources as long as we can procedurally check the individual rates. So the fourth recommendation was assess the staffing level to see if we enough staffing in human resources and business services. And I personally believe

058talking to Mike that we do have enough in both our business services where we it's not a complicated calculation. It's a mathematical calculation, right? It's a subtraction and that's about it for eight different tiers and categories. between myself and Mike's office, we can manage it and we can if we put in the checks and balances in place. So at this place, we are not recommending any addition to business services staffing or human resources staffing. So with that being said, I addressed the recommendations what was on the audit. Now let's see what we can do. Um these are the four options and this by no means are exhaustive. These are some of the options that I kind of developed on my own. We can have a permutation of 1 2 3 4 combination or the board

059can direct us to evaluate some other option. uh the excess as I mentioned if you take the $1.39 million that was the excess contribution and assuming that you are allocating the 350,000 from that 2122 allocation that was never allocated the net effect is 1.04 04 million a million and 40,000. Again the board has the discretion to allocate that unallocated 350,000 or they can say forget about the 350,000 in 2122. It was never allocated. Let's forget it. Then your problem is 1.39 million cumulative. So we the first recommendation is we do nothing because I think uh this whatever way we go it's a difficult decision for both you board and also for employees and for the community as such because I can see perspectives from different end right the district can absorb the 1.04 04 million

060in general fund. Do we have enough funding? No. But if you think of in a way about 70 to 80% of our funding goes for employees, salaries and benefits, right? So that is a significant component and out of our85 $86 million budget um it's about4 45 million or more goes to the employee salaries and benefits. $1 million it's it's more than 10% as such. Um no more more than 1% as such. Sorry. But it's material. But what it does, it does not impact anyone. It does impact the district because the district is eating the cost in general fund and other funds because there is some component of that 1.04 million in nutrition services fund also not only general fund fund one but fund 13 because there are classified employees in fund 13 that they are

061paid. So we'll be splitting that cost, some in general funds, some in non-general fund. So uh preschool being one. Secondly, the district received a one-time allocation, what we call the student support and professional development discretionary block grant from the state. The district, all districts received it. This district received about $680,000. This was not in the original adopted budget when the board adopted the budget in the month of June. So this funding came at a later date. It was on the 45day revision that the board approved. But the funding has not been allocated for any expenditure. It's a discretionary fund. Uh the funding usage is very discretionary. One of the usage is use it for student support any professional development that we need and for loss of learning or for the increasing cost. So what the

062state has done they realize that the cost of goods have increased and the cola has not gone up to the level where the districts have been able to recover the cost. So they have allocated one-time cost discretionary that can be used for any purpose to increase cost. We can use that appropriate that for absorbing some of the excess contribution. If we do that our net cost we are talking of a $360,000 and the intent of this presentation is not to reduce the extent of the error magnitude of the error. I don't want to say that we are trying to minimize the extent of the error. It's 1.77 million. You are bringing it down to 1.39, 1.04 and now 360,000. That intent is not this. The intent is to see how can we move forward and

063kind of close this error that we had unfortunately in this district. The third option is to renegotiate the salary increases for this year 2526 to recoup the cost of 850,000 or if the board wants to go back and recoup the earlier excess contribution which is difficult from an employee perspective when I showed the individual how much an individual employee in each category will have to pay. The fourth is we can offset it with a future salary increases where we say you know we have made an overpayment of 1.04 we will try to recoup that cost over the future negotiations. So in other way if the district was to give an 1% increase right so 1% for this district is roughly about $550,000 that if it was planning to provide that increase in 26 27 let's

064not do that and let's use that fund to cover this excess contribution and there are winners and losers in this because there are some folks that are ineligible for healthcare benefits because the hours they work 4 hours or less they do not benefit from that right so there's you are kind of taking up their salary money to pay for the district errors in benefit calculation so there are pluses and minuses on each side and I understand it's a very difficult decision for the board to be in to provide direction but uh that's where we are that's the end of my presentation. I'm open to questions, clarifications. >> I just want to clarify we we're not voting on this tonight. Correct? >> No, there is no vote on this. >> Gathering information. >> This is just

065information sharing. I want to kind of close the audit perspective, the audit recommendation. I address the audit recommendation. So, that's something you don't have to vote yes for it because that's internal control most of it. Um as to the excess contribution, how do we address it? That's open for discussion and we don't want a decision today. >> Okay, we'll open it then for questions. >> Questions to start. >> Okay, board member Malchesky. So the first question is um this makes us whole one of those four choices as of the end of this year but then we are also then moving into the subsequent year where we would reconsider the rates and rates would are going to go up dramatically right so isn't there something else we need to be doing moving forward >> that's correct

066uh Dr. Malcheski and I forgot to mention the last bullet on the option number four. We have to address the health and welfare negotiation starting 2627. But I want to honor the negotiation process. Let negotiation process handle this rather than us kind of directing which direction the employee because that's a secret between the association and the district and I want to honor that. We'll update the board if that's the direction we will come. Yes. >> My second question and then I'll move to other people for now. Um, you've been here all of two seconds so I don't want to put you on the spot, but are there any of these that just given your expertise in this area you would prioritize or rule out in terms of these four things or do you prefer not

067to? >> No, I mean that's the difficulty I think as board members. I'll leave that privilege with you. Right. So, uh it's a difficult decision no matter what. Right. Okay. I think we have to listen to the community, listen to different perspectives. I'm sure you'll be receiving some emails or calls if you have already not received on the four options and that something else might come up out of this four options. These are not discrete options as such. You can say can we not combine a little bit of two, a little bit of three, little bit of one, little bit of two. So those are some of the options that we have. >> Thank you. Other board member questions for member Morgan. >> I have a few. Um, thank you so much for this presentation.

068I was not I I did not have a complete deck. Um so I was and I never took I didn't have the time to pull it up on the computer. So I appreciate um another copy uh because it generated a few more questions. Um so it's interesting that so well first of all right we have a fidiciary duty. I mean that's um we have a duty to the citizens, the students, the taxpayers, the families. Um, so it's really important that we do what we can to get this right on all sides for our staff, for our community, because everybody's looking for a solution that benefits probably a, you know, it's a biased perspective. Fair enough. the two first years that we underpaid at 380,000. It seems that the obvious to me, and this is just

069my opinion, that the solution that they that was bargained was to pay 380 over the next two years. Correct. So, like you said, it's kind of a wash. So if they appropriated if they um allocated 350,000 but didn't didn't um uh didn't distribute it. Where is that? So it was just anou the correct way would have been to increase the employer cap. That way it would have reduced the employer cap by 350,000 based on the number of counts. That was the only way it could have been done. And so the money didn't go anywhere. It was never budgeted for in the correct way in the correct account string. So ended up ended up in the net ending fund balance. >> So it probably and so it was in the general fund end balance is what

070you're saying. Okay. And so then then that general fund end balance is the balance that is projected when the bargaining units go in to negotiate raises. Correct. >> That's right. >> Okay. So, and then just to clarify, I just want to oop, sorry, I just want to make sure um u Mr. Colin, can you remind me of when we did the three-year negotiations at 5% 6% 5% salary increases as a bulk for all employees? What years were those? >> It should have been I think it was I'll double check 22 23 to 2425. >> Okay. >> Yeah. >> All right. So, and in that time we were able to reconcile the underpay for the first two years, but then we were 550,000 over on that third year. And you had made a comment that if

071it's in the past and it was negoti and it was bargained, it's done. We can't go back. So, I'm happy to see that they reconciled that going forward. But how does that apply to 2425? So this is as I said the calculation error is evident on this health benefits guide that we publish since 2021 I have seen so every year the calculation has been a mistake um how it was done or what checks and balances I don't have the history um so with that being said all the numbers are material numbers $150,000 underpayment, $230,000 from an audit perspective, those are material numbers. It's not like $100 or $200 insignificant. So, it's just coincidence that the 21 20 to 24 it's just a wash over a 4-year period. And that's a hypothetical mathematical calculation. Can we

072do it over a cumulative because each budget year is very distinct. you are budgeting for that year, you are going to spend in that year. Can we bring in the prior errors and net it? I mean that judic I mean that that's something we can do or we cannot do but since 2425 it looks like the healthc care market rate went up significantly and it was not addressed in the CBA level and to be honest I don't believe talking to Mike that this was ever brought up or during the negot negotiation piece and I'm I'm not sure because I was not in part of that negotiation that the employee will have to pay this much if we had because this was discovered recently. My understanding is this current year we discovered or just later half

073of 2425 we discovered that this was an error and we went back. >> Thank you. what um so the flowchart that you're proposing to go forward where the we received the H um the health and war health and welfare rates and then you've got HR and then business and then reconciliation where so I have a couple questions on that first what did it look like prior to what you're suggest what you're proposing going forward so what was the flowchart construction um two where does the insurance committee that I understand you highlighted has has four members from Laboua, CSEA and management that will meet and discuss benefit options with a focus on limiting cost increase. So that so that was the purpose of a committee that we have existing. So I'm just curious as to where

074the committee fits into the flowchart and where does the board fit into the flowchart? >> That's a great question. So the health and welfare committee is part of the negotiation subp part of the negotiation. The first entry point as to where we define the benefits guide is when we receive the rates. That's the tan area. That's the data we receive from the bro for the blue shield plan. The burnham that's on the back side burn. Yeah. Burnham or used to be called Baldwin Group I believe earlier. Um so they provide us the benefit rates that Blue Shield is going to charge for PO and HMO the two HMO plans for different uh tiers individual employee plus one employee plus two employee plus many and then Kaiser also Borham discusses. So the discussion happens also at

075the SIBA CEBA which is our health benefits JPA. They also negotiate in their large pool as to what the rates are. They're negotiating with the insurance provider. There are some plan changes that they do changing your co-pay changing your deductible annual deductible changing some of the um specialties in the plan. So that happens all before before the orange box. So that's where the health and benefits welfare committee I believe Burnham comes to the to the negotiation presents the rates that they are seeing in the market and then they work with the health and benefits committee to make sure that the rates that they are offering and they're looking at the market rates at this point. They're not looking at what individuals are going to bear because that is not computed yet. They're saying that Kaiser

076last year for employee was charging 12,000. This year would be $12,800. So the question I would anticipate is how can we bring it to 12,000 and close to what it was. Sometimes they can change plans, sometimes it's not possible. So once that is approved then we get that tan area health and welfare benefits rate. Those are the final rates from our two providers. Blue shield for their two HMO plan their PO plan and Kaiser for the HMO plan. So so once we do that then it's a mathematical calculation. What you see on the flowchart is a mathematical calculation. We have four resources individually computing that for each category HMO PO for four tiers. We do that independently in business services and human resources. We reconcile within each division. H1 is the human resources human resources

077division. B1 is the business. And then Mike and I are equivalent to our position sets and reconciles at L2. So this is like a three-level check so that we don't make errors what we have done in the past and we'll implement so within the resources we have the capability to do that mathematical calculation >> right but what so then what is the committee I'm sorry what is the committee's role in that and then where does the board come in >> so once we get that row rates then we share with the committee right and we before we publish this we share with the committee and we can do that as the raw rates are coming in. We can get some early rates right. So they will say hey we have got some indication of this

078rate from blue shield trio. How does that look for an individual cap? We can run that number and get to the associations or whoever on the health benefits committee is and they can say this is too overbearing for us. So we will request the board to increase our employer cap and that's where most probably between Mike and myself will come to with Dr. Glass to appeal to the board that based on this rate it is necessary for us or we feel it necessary for us to increase the health benefits gap so that employees are not sharing the major burden of this increase. So that's where the board will get the first and the board will say we can increase by such and such amount. So the board has the authority to set the rates as

079on the contract. >> So that's prior to the benefits guide. So all that would be done before that process. >> Yes. So this is an iteration process because benefit rates they get refined from March, April all the way through May, June. >> Thank you for that clarification. >> Yeah, I have others but go ahead. >> Uh thank you for the excellent report. Um, I think the my big concern is your recommendation as far as not to add a new staff person. Uh, the outside consultant that came in, I believe what he said was um, most places have a dedicated staff person that does this. And I don't think I think that's a model we should be looking at. I don't think it should be an add-on for someone in Mike's office and someone in your

080office. And I think that's one of the reasons why we got to this point. I think it's nice that you want to save resources, but I think you should really reassess that uh decision. >> Yeah. And just uh I kind of address that at this point. This is honestly a simple calculation for from a mathematical standpoint. Your market rate less the employer rate. It's not an additional burden. I mean it took me literally once I understand. You have to have an understanding of the contract and how it's computed. We can train the person. I mean our budget analyst is pretty resourceful. He's doing complex calculation all throughout the year. And even talking to the health benefits person who actually Ashley who was doing this, this is not overly burdensome. It's multiple iterations. So once we

081create the template, it's just plugging in the numbers and it will automatically calculate on an Excel template what the employee benefits are. So we'll train and if need be we will revisit if say for example there is a demand and I don't want to rule out that's I I plan if the district wants to go from two tiers of HMO and PO it can go to multiple HMO tiers HMO1 HMO2 PO1 PO2 multiple tiers then it can be burdensome on the staff but I I don't think the marginal work that's involved right now warrants an additional staff from our end. And I spoken not only behalf of business services but also Mike's team. >> I've been in Ashley's office uh at the time it opens and she's overwhelmed with this besides her own job and

082uh we've had a nice conversation about that and I I agree with the outside consultant. I think there should be a staff person who takes on maybe a shared staff person between your two offices. And thank you. So just just I didn't want to say this is happening before that open enrollment opens. So a lot of works goes on this because Ashley gets busy when the open enrollment starts because people are asking I want to change plan what's going to cost. So that's the busiest piece and I don't want to go near her office or for that matter whoever is having open enrollment. But this calculation happens before that. So we may augment that portion of the staffing where during enrollment we may augment additional hours or additional staff but for the calculation piece for

083the publication of this or to address the core deficiency in the error we don't think I don't personally think we need staffing at that level but certainly I respect what you said is Ashley becoming very busy doing open enrollment and I'm sure all All hands are on deck at that point of time. Thank you. Um can we finish board questions here and um so I have a lot to say on discussion but for questions. So the cap I I was under the assumption that a cap is the max you can pay. Um, but you could pay under a cap, but that's not true. >> Uh, the district cap that's on the contract, that does not cover the whole healthcare benefit cost, >> right? What does what does cap mean? Do you have to pay that

084exact amount? >> The do you pay less? >> So, there's a subtle difference between an employee cap and an employer cap. What's defined on the CBA are the employer cap. So a Laguna Beach Unified will pay $10,000 for Kaiser single plan. Kaiser single plan is usually over $10,000. So all employees will avail of the total amount. It will never be less. So that's the cap. That's how it's written in the contract. >> So it's the employer cap. And a lot of folks think that the employee cap employee cap is a derivative that's on this benefit guide. It's a calculation based on the market rate less the employer cap. And then my understanding was that we had an agreement and the district went under the cap for a few years, then the district went over the

085cap. Are there are there legal consequences for that? Can we just forget that we had a cap and go under or over or how does that work? >> That's a legal question. I think it will need some analysis and we can revert to legal counsel and I'm sure we have a legal counsel here but it will be very difficult. I don't want to put Mr. Danffort on the spot just by providing no context and it will right so he will have to analyze the CDA the benefits guide and kind of do the analysis. It will take some time to >> provide that legal counsel to you. Am I right sir? Okay, we're not putting you on the spot. And then so if I understand what you said, there was there were no years that were

086done correctly. Is that true >> up to 2020? >> They're too much, too little. So So can you explain why it's so difficult to do that correctly? >> I don't know to be honest. I mean it it kind of I was perplexed to be honest as to why this calculation was made in error if at all there could be other context but all I can go by is the legal document which is the benefits guide we have. Yeah, >> I mean if there were certainly balance and checks, I think it could have been avoided. Could have been done in error. There could have been some discussion that was not documented if anything, but >> yeah, >> I I'll not be able to answer your question. >> Okay. Thanks for as to why. >> Just concerning.

087Um, can we go to public? Okay, you have one more. I think Sherry has one more. I'd like to honor the union reps. >> This is really fast. It's that um when we went through the total overage of 1.03. I can you restate how you got to that the 380 at the beginning was a wash. >> Right. So if you look at 2021, the district underpaid $150,000. If you add 2122, $230,000. If you add the district underpaid $380,000, right? 2223 the district overpaid $110,000 and 2324 $170,000. If you add this two years that we overpaid, it's $380,000. So if you take that 380,000 plus and the 380,000 minus, that's what I'm saying. It's a wash, complete wash. that does not factor the 350,000 additionally allocated. Can we do that? I think that's a legal question

088again as >> okay >> board president asked is each year is kind of distinct on its own on its own budget and stuff then for 2425 and 2526 if you aggregate the two one is actuals one is predicted 2526 because we'll not know the numbers till September of next year what the actual cost for health benefit is till we close our books as I said because The counts change throughout the year. Life events happen. So the two years is addition 550 and 840 is about 1.39 million. 1.39 million. If you let's subtract the 33 350,000 that's the 1.04 million that I kind of indicated on the option level is went one too far. The 1.04 04 million. That's the cumulative. Can we do that? I think it's a legal question. Can we address all five

089years or because if you chunk it by just selective year then it's more or less. >> So just to tap into just to extend that question. So the 1.04 04 is if you take into account the 350 that was um um >> allocated but not appropriated. So assuming that you're taking that 350 into that consideration but a budget doesn't work that way. Correct. >> No. No. Then it's up to the board. Right. So if we have 350 that was allocated or but not um that was appropriate allocated but not appropriated >> then that figure will be 1.39 million >> of 2122 you don't roll that forward to 25 26 because we didn't spend it four years ago correct because it was spent somewhere >> mostly >> that's correct that's correct it fell to the bottom

090line general fund other other fund I'll say also >> right nutrition >> so and then and I just want to clarify the bargaining The CBA is based on the on your flowchart that happens before the benefits guide is printed. So all of these are negotiated and agreed upon and signed prior to the um benefits because of the timing of when the because the CSB CSEA and Labufa contracts are signed over the summer or I think for CSEA last couple years they've signed it on the f like right around the first day of school because they something about the picnic or something I don't remember but then um so that's all negotiated prior to um choosing their benefits. That should be the way. Yes. >> And it should be really close, but these aren't close. These

091are way off. >> Okay. Thank you. >> Okay. Would you like to ask a question? >> Yeah. So, little confused on a couple of the things you said since I am on the insurance committee. We are never given the figures. So, it's really hard to negotiate when you're not given the figures and what you're given from the broker is a percentage. We just went to the SIBA conference and luckily uh that pool has had the lowest increases in the last five and a half years for the state of California. So, we're lucky there. But we're given exactly what you said. It will be 7%. It'll be 10% and we agree to that. There's no way that if we would have been given the numbers, the actual numbers for negotiations of your people are going to

092we're going to give you a 3% salary increase, but you're going to have a 600% increase in health care that we would have agreed to that. So, how do we reconcile that we start negotiations in the spring, the numbers don't come in until August, but yet we've already been given here's the compensation, but yet it won't match then what the healthcare how do we reconcile? Because for five and a half years, six years, the district cap is has stayed static based on numbers we were given that we agreed to as a union. I mean, if we would been given the district's going to pay 5 million, total health care is 7 million, you're responsible for the other half, that gives us a complete picture to look at. Well, that's a 20% increase or it's a

0935% increase. But that isn't how it works for us. So how do we go about fixing that part of it too? So that we are negotiating in good faith with correct numbers so that we can make correct assumptions and our members can make their decisions and not have this happen and come back on us when we negotiated in good faith. I guess that's my question is how we fix that part. So it's a complex question the way again let's get if you look at slide number nine um which I put up this is a process that we need to get to to get the actual numbers what's reflected on the benefits guide before the negotiation ideally right sometimes we get the increases Kaiser will say or blue shield will say we increase by 4% 5%.

094It's easy for us to calculate that because we know the tier rates. We know the HMO PO. We apply that 4% 5%. We run through the numbers. We provide to you not final but close and then you see the impact what it does because if your CBA rates are static, your employee rates will go up. If the market rates going up at that point of time, I think it's the negotiation piece that you have to get through and see that you can and I'm not going to put myself on your shoes or or the difficulty shoes. I think there's a way you can ask right how come we address the increase in the health care cap and I think that's the process Mike will have to come back or someone from us Dr. glass will

095have to come back and share that information with the board and say hey this is what we are seeing we want to allocate some increase that the district is contemplating on the healthcare cap that way it's not all on salaries it's also on the health benefits but I think you definitely need to get the trades it does didn't happen that's what I'm hearing because you were given a ballpark estimate of increase but you were never given that figure but that's what is the best practice in all the districts that we have seen is you need to know at an individual level each employee needs to know that based on what plan category I have and what tier what's my impact on an individual level and it's not only association it's all employees I just don't

096want to kind of spring it on the association itself Yeah, I just want to reiterate that a little bit. You know, when we're going into negotiations, we're giving we're given it's going to be a seven or eight 10% increase. Um, and we we trust in this when we get this. Um, and then it goes from two to 100 two 200 to a 600% increase when we're told it's, you know, this is what it is and this is why we pick word plans. So we definitely have to go through the negotiation process a little more opened on both sides and making sure that we have real set numbers so that we don't have this happen again. That's our goal of course and I know that's the district score and the bull uh board's bull goal is

097not to have this happen again. And I think working together we can make sure but we just have to now make sure that we fix of the past. And from my understanding too I know you only went back to what 2019 2020 >> 2020 21. Um, it's my understanding from what I've been told and I don't know this for a fact, but that if you go back another five years that the unions or the employees paid more on those years as well. Um, so I don't know how far we want to go back or whatever if we just want to look at the years there and uh make sure that we're we go wide open and and fix the problem. >> Yeah. I mean just one response is 2017 and beyond there is no impact

098because it was the district total health cap and what board president said is the district can go over or under that health cap right because it's just on the CBA that the district health cap so but when we are going with this employee guide it's a pseudo legal document I think that's where there is some obligation as you mentioned so yeah I mean I think this is what it is. >> It's what we'd all like. Now, are there um public comments? >> I just have one more question. I I don't know if I heard the answer or I didn't understand if you answered it or not. What did the flowchart look like before? Do we >> No, we don't know. So, it looks like because uh I did ask the budget administrator. I did go

099to the budget administrator and Ashley Cole who who was the human resource technician. They all received the rates from the prior CBO. That's what I was told. >> So it would go from the receiving the rates to the benefit guide or receiving the rates into the bargaining and the benefits guide. Right. So there's a whole section was missing >> if my so yes. So the benefit broker would provide us with what the percent increase was going to be for each plan >> that was then given to the business office and the rates were given to actually in my department in about July to prepare the uh the benefit guide. So it was it was just the percent for the total premiums were given to the the business office. the rate, those employer employee contribution rates

100were then calculated in around July and they were given to us in in in late July and and we put them into the uh into the the employee um benefit guide. >> So the information always came in just based on percentages. It was never a number >> when we were through the insurance committee. It was always based on what what the what they're anticipating that the percent of the benefits to increase for that year. Yes. >> Okay. But we have a we had a bargained agreement for a 5.5 cap and that's been in place since 2021. >> Yeah. So that unfortunately looks like was not considered looks like I mean this is speculation. That's why I'm thinking why is there an error in such a calculation? So it did not factor into the the contract

101rates individual caps. Well, I appreciate having you here. Um, I disagree with my um, fellow board member that we need more people just because another person recommended it. Um, so far to me, I think you've, um, demonstrated a very capable skill set to be able to handle this as well as your history with um, different organizations that were responsible for going in and looking at insurance premiums and budgets and things like that. So, I am grateful that you're here. Thank you very much for this very um informative presentation. I appreciate it. >> Okay. Thank you. >> Thank you very much. >> Also, one last thing, suggesting staffing is getting into the weeds and we don't do that. So, thank you. >> We will keep reviewing it. So, >> thank you. >> Okay. Um let's I'll

102call the first three for public comments. Did I just interrupt you? >> Oh, okay. Um, Gary Kasich, uh, Erin Bryman, and Carol Nelson. Good evening, everyone. And, uh, again, thank you for your service to the community, our kids, my grandchildren who I hope someday will benefit from your efforts. Thank you, Superintendent, for the transparency of your presentation. Honestly, I was hoping to hear a little more why and how this happened. Uh, but I can draw my conclusions uh based on your go forward recommendations of what didn't work in the past. I appreciate your limitations um with respect to employee confidentiality and in adherence to restrictions on severance agreements uh issued by the prior boards. I'd like to hit on a couple points though. the CBA, which clearly was contemplated as a multi-year agreement, uh, is

103a cap, and it's never going to foot exactly as was contemplated, and it is a cap. The language used as hard cap, a fixed amount, and it explicitly states that any costs that go over are the responsibility of the employees. So, I think it's pretty clear that it was a cap. You a cap isn't an estimate. It isn't an allocation. It's a ceiling. It's a limit. Something that's not to be exceeded. you should always be under a cap. That said, the contract was administered properly in 2021 and 2022. It wasn't administered properly in the subsequent periods by increasing amounts that totaled, as was stated, just short of $1.8 million. $1.8 million is the amount resulting from not properly administering the contract. The graphics that you show on page six and nine uh generically demonstrate how

104it happened. I get that. It looks like it was an oversight or a lack of a check of balance between departments. Again, I understand the need for confidentiality, but if this communication or oversight wasn't in place for this issue, are there other issues that may have been impacted by the same discussion between the groups? It seems that compensation and other service contracts would flow the same way from the same organizations. I appreciate the analysis and I would encourage a confidential report to the board, not the public, so that we can avoid any of the issues with public disclosure that may result in legal issues. Um, but I think more work needs to be done, and I encourage you to do it and get to the bottom of what happened. Finally, $1.8 million is a lot

105of money. We're a wellunded district, but don't simply say we have the funds to cover it and everything is okay. How many teachers, how many aids, how many programs could get got added for that amount of money? While the rank and file of our hardworking teachers benefited from this, it was not because of their actions. They were simply presented with a rate sheet and made their selections. It would be nearly impossible for any one of them to calculate the accurate the correct rate, nor should anybody expect them to do so. The board will need a tough decision to decide what action needs to be taken, but I hope the board considers minimizing any impact to staff. Thank you. >> Okay. You have to absolutely each board member you have to support staff. They already feel

106demoralized at the hands of um utter disrespect disrespect at um hands of certain board members. Um I know personally um that um school staff salaries are not really commensurate with all the time and effort and dedication that uh school staff members dedicate to our kids. It's really a hard job. We have to deal with parents like myself and we are a real pain and um my children aren't always delightful but it's a lot to deal with at daytoday. So to add on any more hardship would be so beyond the pale and I just want to say before basic I just want to say every time I come up here um I am so grateful to be in the district because of this incredible LBUSD staff from soup to nuts. Not a single one of you,

107not a single board member for a single nancond should consider items three and four on this proposal. I know you were just giving out possibilities. These are items three and four are not options. They are not options whatsoever. So not a single board member can consider for a nancond to take a single penny out of a single staff member's pocket. I'll go not even a hay penny because because that would be cruel and unusual punishment and we are not about this in this district. We are about supporting staff because they support our kids. So you cannot vote for items three or four. Please read the online comments from staff. They uh every single one wants you to choose option one. There is this is not a decision whatsoever. It is clear that you cannot pick

108items three and four. You cannot take a single penny out of a single staff member's pocket. It's cruel and unusual punishment. Thank you, >> President Perry. We're not making a decision tonight. Correct. >> For going forward, I'm still going forward. Sherry, just down the line. >> Hi, my name is Carol Nelson. I was a teacher. I was a union president. I have been a parent now. I'm a grandparent of a kid here and I negotiated for eons. So I'm have some familiarity with what confronts you. Not the specifics of this error but of the concepts in general. And frankly I'm here to speak about this clawback. I think it's shortsighted. I have to choose between seeing you and seeing what I'm reading at this stage of my career. Um, and I think it appears from

109the outside to represent some kind of strange commitment to vengeance over morale. You've got a monetary issue, but that's where your leadership should come in to find the money to rectify the solution. And I believe that I really can't pronounce your name. I'm sorry, but I'm the the pronunci. Um the there were some suggestions made that there were ways to find money in your budget because choosing to claw back from staff, not just teachers, from board members themselves if they're getting insurance from everyone that works from this district. To ask them from their pockets to make you whole from an a staff error some years ago makes no sense and I think it's further damaging to an already damaged staff morale here. This issue belongs in negotiations. I hope that's where you'll address it and

110I hope you'll be respectful people that work for you and the people that put you in office and not take this from your staff's pockets. Thanks. >> Okay, Steve Brown, Steve Mintosh, and Emma Lopez. Hello. Tough tough stuff in front of you. Um, there's a lot of financial data flowing through the presentation, so I'll try to simplify some of it down. The analysis provided shows the district violated the collective bargaining agreement for each of the last four years, possibly longer. It also shows the years prior to those. There's a cap in there. I won't go into that. Um, but be that as it may, it's painfully obvious that the district made benefits payments above what was agreed to in signed legal documents, and that creates a problem. In short, the district misappropriated taxpayer funds starting

111four years ago, and it's now risen exponentially each year to a whopping grand total of 1.77 million. As we know, for perspective, this amount is about the same cost as hiring 27 teachers or 44 aids. As that sinks in, let's talk about a few other financial ramifications of this because it's tough. Another big one is that it seems after 2021, the aggregate benefits cost cap was removed. You have to ask yourselves who did that, who approved it, and where is it documented? This move not only exposes the district and taxpayers to greater financial risk, as well as the educators themselves, but it is well outside industry norms for the way benefits are set at thousands of companies and public entities throughout the country. Simply put, depending on what each staff member does with their benefits

112selections each year, the mixed changes alone could lead to an even bigger swings in financial exposure for the district that hasn't even been contemplated in anything yet. Finally, as my time is almost up, I'll end with this. I spent decades working in the banking industry and saw firsthand how quickly things can get ugly when bad things happen. I bring this up because in 2008, everyone in the country became aware of just how bad things can get when we almost slid into the great another great depression. It was driven in part by investment banks that didn't do proper underwriting, risk analysis, and flooded the market with securities backed by sketchy assets. When something like that happens, the government puts the financial fire out first and then very quickly begins to crack down. This is exactly what

113happened and the result was a lot of unambiguous and ownorous regulatory changes. Today, it also means investment bankers hired to assist a school district in financing a bond have a much higher risk analysis and disclosure burden to overcome. If they don't do it right, they will face massive fines and really nasty civil and other penalties. Make no mistake that this benefits problem is a material financial issue, reflects weaknesses in financial controls over multiple reporting periods, and results in a whole bunch of other bad things. It will certainly be disclosed to investment banking firms, regulators, and auditors. So, we need to get this problem cleaned up from top to bottom as thoroughly and quickly as possible. It is crucial right now that all steps be taken to correct the district books and records, properly report findings

114to the public and to regulatory agencies, and to review, document, and lighten up and tighten up financial controls, for example. Further, if you haven't done so already as a board with such knowledge and fiduciary oversight, you now have zero choice but to have your legal group reach out to law enforcement authorities to be sure you are properly protecting the interests of the district and all of its employees. These are just some of the financial issues and exposures that this 1.77 million benefits problem has created beyond the headline number. Action must be taken to protect the district, staff, taxpayers, and most especially programs supporting the kids. >> Thank you. >> Good evening everyone. Uh Manosha, thank you for the presentation. Much appreciated. Um, I don't think anybody in the room is is blaming the rank and

115file union, non-union, whatever, uh, people uh, here. Uh, they're basically innocent bystanders of a situation that is way out of hand. Taken down to the, uh, uh, final budget 2324 states, the district contributes a fixed amount for health and welfare benefits for its employees as a as a as part of the agreement with both unions. any increase in health and welfare costs will be passed on to employees. The committee had agreed to have the increases applied directly to the specific plan versus spreading the increase equally uh for all insured. So I assume that's the insurance committee which uh union leadership is on um administration was on and then that brings up uh another committee the joint fiscal management committee says here the purpose is in order to facilitate negotiations and as part of the negotiating

116process. Also on that that uh committee are the union presidents, a superintendent, assistant superintendent business services, and a governing board member. And then lastly, the bargaining unit, which is all part of this trifecta of sorts. So it's just unfathomable that you wouldn't ask for the numbers, ask the people that you're sitting with on three different entities to find out exactly what you needed to find out. I mean that that just there's a lot more people know a lot more than they're saying here. So, uh approval of overpayments. Some are saying these spins were approved. All of the approvals in the budgets, etc. were done with incomplete reports, both verbal and written with omission of material information. In fact, this allowed $1,770,000 of taxpayer money to be misappropriated. Had the two B board members not been

117elected uh this past no last November, a year ago, this would still be going on, folks. There's no doubt in my mind and I think everybody knows that to be the case. So, it's time to take a closer look at this and make sure that everything has been vetted because taxpayers are demanding it. And again, this is not about the rank and file and they're the ones that are getting screwed over here by people that are running had run the district. So, we have the right team in place. Let's do it right. Thank you. >> Thank you, >> Emma Lopez, Kimberly Smith, and Eva Pauling. >> Good evening, members of the board, students, staff, and the public. Um, I'm here on behalf of Porter James Hughes, who is the labor relations representative um for the

118California School Employees Association, Chapter 131. Um, I'm the senior labor relations representative out of the field office. Um, I'm reading this on his behalf because he unfortunately was not able to be here at the last minute. Um, so CSEA has negotiated in good faith with the district regarding health and welfare um including health and welfare and will continue to do so. Uh the district's payments of contributions to health benefits are not made directly to our members. The district makes these payments to the insurance companies. At no time has CSEA or its members received any kind of additional payment from the district due to this issue. CSEA only became aware of this issue when the district raised it publicly this past summer. So we found out when you found out. Um, we are look forward to

119and are committed to working with the district to resolve any concerns and we look forward to continuing to work um and utilize our positive labor management relationship to resolve this. Thank you. >> Good evening. Thank you for such a wonderful report. Uh, my name is Kimberly Smith. As you consider to address the $1 million in excess healthcare contributions, I want to urge you to support option one or option two. Uh, mistakes happen in every organization. What defines effective leadership is not the lack of mistakes, but how you respond to it as evident this evening. I say that as someone who has led an organization through complexions. When I stepped in as a new CEO, I discovered years of legacy oversightes. And while identifying these issues was necessary, I also learned that going down the path

120of a witch hunt, which is suggested by a very small subsect of this community, served no one. Trying to assign blame to former leadership did no good. It cost time, money, and morale, and it ultimately distracted from the work of fixing the problem and rebuilding the trust. The same lesson applies here. The overpayment was not caused by teachers or staff here. And to claw back salary increases or future compensation would punish the very people who show up day in and day out for our students. If we want to attract and retain the best and brightest educators, stability and respect matter more than squeezing them for a mistake they did not make. We need transparency and accountability, but we also need discipline. I would ask the board to disclose for the record how much money has

121been spent on legal fees since this new board took office. Because if we're truly concerned about fiscal responsibility, then we should be equally concerned about the significant legal costs that dist excuse me that this district has incurred under the current leadership. The overpayments of benefits was a failure. Yes, but it is not the existential threat to the district that some are making it out to be. The real risk now is continued mismanagement, burning through public funds on endless legal consultations and investigations that will never fully answer the why while neglecting to focus on how we move forward. Strong leadership is about course correction, not retribution. It's about fixing what's broken, restoring trust, and ensuring the organization moves forward stronger than before. Supporting option number one or number two, please consider. Thank you. >> Hi, Eva

122Polling. I'm parent of two here in the district. Um, I had a whole long thing written out, but after listening to the presentation and, you know, really understanding some of these numbers, the thing that we're not addressing is that the majority of teachers are picking the most inexpensive healthcare plan, period. It's not the best. There's nothing good about I'm not going to say that. It's maybe a perfectly fine plan, but it's not the best one on here. And they're picking it because it is the cheapest. This 1.87 87 1.01.4 million number that we're talking about is the excess of how much those premiums have now cost. What we're not addressing is the fact that these caps have simply been too low too long. Manoj brought that up. I'm sorry. I wish I could pronounce your

123last name as well, but I'm just going to go with Manoj. He had fantastic presentation and that we should have been increasing these caps every single year. So the district should have been paying a portion of this increase every single year. Normal companies would provide 80 90% coverage for those that are generous. Our teachers are the lifeline to this school district. It is why people move into this community. It is why we send our kids to these schools. They should not be overburdened. There is a correction that needs to get made. The district did gravely make a mistake here. This is years upon years of mistakes. The board should have asked more questions. There is a lot of accountability to go around here. But to put this at the feet of the teachers in any

124capacity and to not look at what we should have been doing along the way and increasing our own caps and why we have them set up the way that we do is the error. We have to get this right and we cannot increase these premiums to even close to the rates that are listed here. We as a district have to absorb this. We can and we should with our funds. Thank you, >> Madame President. Can I address one comment about the insurance fees? Um, I want to remind people about our insurance fees that we were six months without a superintendent. So, we needed a lot of legal support. We have a new superintendent that is not from California. In California, school uh California ed code is very different than a lot of other states. And

125so, there's been a lot of reference there. And I also want to remind people every time there's a P requested they have to go through legal unless it's very simple to make sure that there's no issues with it and that also drives up the cost. So when we're starting to be concerned about our legal cost please keep in mind that PE requests do contribute to that. So just something to keep in mind. Thanks. >> Thank you. And did anyone else have anything to say as far as discussion? Well, I'll just say um I I certainly don't think any teachers or staff had anything to do with this and I would never want to claw back money from them. I'm glad that they're It looks like we have funds that we can cover this and I

126I I doubt any of my other fellow board members want to take money back. We just want to figure out how to make it go forward well. But we also have concerns about how this happened and making sure it doesn't happen again. Okay, we will move on then to governance um board member reports. Uh we still have a full agenda tonight. It's after 9. Please everybody keep to three minutes. Um let me start. >> Oh that clock's wrong. It's only 810. Feels like 910. Okay. Um let let's start with Logan. >> Uh so for the first part of our report, I just wanted to thank Keon for stepping in and joining in the absence of Ivy. We're all very appreciative that he's here and I'm I'm appreciative to have him on the dis with me.

127Um unfortunately for this report we I there is something that I feel needs to be addressed from the side of the students and it is not only the the students have a very good appreciation of what our staff does uh and what our teachers do for us on our campus. And many students have come to me and expressed their concern to me about how the new public comment system although it does allow students to speak at the beginning of the meeting, it doesn't allow staff. And I personally think that it should include staff as well. And many students have come up to me saying the same thing because it's not only students who are having to go back to school the same day or the next day after a board meeting. staff members have to

128as well and they're getting there before students and they're staying at the board meetings now longer to have to get their points across and I think it's unfair that students and staff are being looked at in this these two different roles. I think they should be moved together to both have the option to speak before the rest of the community at public comments if I know you said that they might be we might be going back to public comments at the beginning of January, but if we continue to do them at the end, I think and the students think that staff as well as students should have the opportunity to speak their minds in front of the community at the top of the meeting. So with with that, I want to back on a lighter

129note and pass it over to Keon. >> Yeah. Thank you everybody for uh being here. Um and I believe that you know it's a privilege for not only for me to be here but to represent the entire Lug Unified School District committee as a student. Um I just want to echo everything that Logan said. Um I believe I agree with everything he said. you know he comes from a very uh I think fair viewpoint in which that along with students staff should be able to speak at the beginning of these meetings as our staff is just important just as important and if not more important than our students you know they're the ones that keep this whole district together and they have so much meaning to all the parents and the students so uh yeah

130when public comment falls at the very end and unintentionally filters out the very people in community we want to hear from the most and I believe that um that needs to be addressed going forward and um yeah hopefully that can be corrected. Thank you. >> Thank you and welcome um Dr. Melchesky. >> So I'm also going to say a few things about the board meetings. Um, I want to say also that I do not think it's a good idea to move public comments to the end of the meeting when it's too late for students and staff to participate as well as parents who have young children and lives outside of the school board and are here because they want to civically engage with our meetings. And let's be honest, we have a board that the

131community has complained a lot about. The union has no confidence in. And there are community concerns in the past couple of weeks about governance issues including an ad that Mr. Hills placed in uh the Indie and recent P disclosures. So it feels the perception is that what we're trying to do is silence community members in a time when we have real governance issues that need to be uh addressed. So a busy meeting is not a reason to make people wait to comment until the end of the meeting and um make it much harder for the public to hear those comments and engage. Um on a related note, I want to thank President Perry foring by community. A primary concern for me before I make my full comments is about our meetings which run more than

132five hours at a time and last minute requests for special meetings. In general, that kind of practice does not give much thought to the financial cost or the extensive staff effort to manage our meetings. Um, but I also need need to clear the record on the bylaw meetings. It is true that the board majority has been talking since last March and before that honestly about the need for a special meeting to discuss board bylaws. It is not true that two members of the board have not made themselves available for a special meeting. The board majority wanted to wait for the new superintendent to address bylaw uh changes and Mr. Hills talked on the deis about the need to ch change the balance of power between the district and the board even before bylaws were brought

133for revision and said there would be a day of reckoning when Dr. Glass arrived in June. So it wasn't until August 14th um there there were cell phone discussions. Carter McKenzie brought forth a bylaw change but three bylaws were agendaized on August 14th. I made a motion to postpone that discussion because it was summer and teachers and parents weren't available. I also shared my concerns, including with President Perry when we had lunch to discuss um uh a range of issues that proposing significant changes to bylaws one at a time potentially obscured the full impact of bylaw changes on the board and district governance. And I thought we should have a bylaws meeting. But the board majority proceeded to select specific bylaws for revision and agendaize them in groups at regularly scheduled board meetings until October

13424th when more bylaws were agendaized and Mrs. Morgan made a motion to postpone discussion for a special meeting. I was delighted because that's what I thought should happen all the time. Um, and I gave dates on the dis that I was available and it did not include November because of a travel schedule and for work and the holidays. So, we then um had a November meeting announced that uh neither Jim nor I could make and I'm delighted it didn't happen. Um, but it's worth pointing out that I've I've attended 11 special meetings since January. I always make myself available as long as I have adequate notice and meetings don't conflict with the conflict with my requirements that I prioritize my own students and my prior work commitments. There was one meeting I missed that was

135on March 5th, but the board did not tell me that that meeting was going to happen. I got the announcement with the rest of the community and I wasn't able to make that board meeting. Um, but again, there was no effort to schedule bylaws meetings that the board minority members declined to participate in. And I just want to add one additional concern. Special meetings have always been determined through Victoria Weber or the superintendent. The reason you do that is because it prevents Brown Act violations. If only one person is collecting the dates, then you know that board members aren't speaking to each other about what dates are possible. So, um, I get meeting times announced sometimes before I've been asked about availability, which creates the perception of a Brown Act violation because dates and topics

136are selected and then brought for approval, but there hasn't been a selection process that I can see in terms of dates that are going through Victoria. It makes me curious about how we get a date that three board members can pick and be at, but the two minority board members can't. And that date has never been shared with me. So, of course, I'm not making any accusations. I wouldn't do such a thing, but I urge the superintendent and I urge President Perry to be mindful of the issue going forward so that all of our board discussions are going through LBUSD email and through Miss Weber and through the superintendent. Thank you. >> Hey, Mr. Kelly. >> No, she wants We're going to go along this way. Go ahead. Uh I uh attended two events uh

137for the district. One was the PTA for the high school which we the board do not does not have a um a representative but I have been asked always by the high school PTA members if I would come and give my thoughts on what's going on with the uh the board and do a summary. And then the other was the uh this the council the PTA council which I am the alternate for and uh the Joan was out of state and so I did represent that. Um to my to my astonishment Mrs. Morgan was at the high school uh PTA uh meeting. I thought she was banned from it because of her behavior at the last meeting of the school year last year when I thought she she swore at some of the members of

138the PTA. Uh so I was also amazed when she was sitting there uh filming me as far as during the uh my presentation. So I thought I'd give you my presentation during my time so that she has it on tape and uh I can give it to you all as far as the way that I remember it. Um the first thing is I uh pointed out that I thought that fuel gave the best summary that there is concerning what goes on at the board. It's balanced. Uh they have people that are in the room and I encourage people to look at that summary. Uh I talked about as far as what the items were on the agenda. Uh restorative discipline was the uh the took up most of the time. Mrs. Morgan had about 20

139questions that she had uh got from AI which kept uh overlapping and kept us here forever and ever. Uh the superintendent gave uh talks on his uh 100 day report uh which I thought was just excellent. Uh but I thought that the most important part was uh when it was my turn, I turned it over to the students and the students did the best job possible as far as with turning to trust and uh and the and and issues in in that area. Uh the bylaws were removed by Mrs. Morgan, which I was grateful for. And u that's the summary of what went on. And then I have what my take was. And my take was that the board is still trying to find its way. uh that Mrs. Perry is getting much better uh

140in her role as president. I'm grateful for that. Uh uh Hills and Morgan are still very disruptive. Uh that uh uh Hills uh Hills uh full page ad I thought was just uh inappropriate as far as for uh trying to uh have unity of purpose which is one of the key uh items of being a board member. And uh the last thing I talked about was the pool was on schedule. Uh and uh I was really grateful for that. Uh I'm sorry we didn't start in March as far as and we'd be even further along. Uh but I'm concerned that Mr. Hills and Mrs. Morgan uh are looking at ways as far as preventing that or adding other things on to it. And I gave the example of the uh the newspaper article that Mr.

141Hills had talked about the pool in it that it wasn't uh it wasn't take into consideration what the community needs were concerning uh uh children and old people. But again, it's I believe that we are and I believe that uh we have done everything possible and I've talked with uh members of the city council. They don't want us to go back and negotiate with them at all. They're really grateful that we're going forward. They don't have a money to to do a pool and so uh uh and Mrs. Morgan, every time the budget comes up, she's always going on about uh how does the uh the pool is going to affect future projects in the future. And I said, you just need to continue watching that. And that was my uh report that I gave

142to both groups. I don't know if you want to. You're you're next, so you can do whatever you want. Thank you. >> Thank you. >> My turn. Thank you so much. So, I am sending out positive thoughts to Dr. Glass and his family and as well as Howard Hills uh sending positive healing thoughts um and steady hands that are being sent his way. Uh I'd like to welcome Keon. I'm sorry that we didn't have the opportunity to introduce you before, but thank you for stepping in and being the alternate tonight. Uh I appreciate that. I want to before I get into my report because now I'm going to have address a couple things that were said just for clarifications with the request for the uh when I pulled when I made the motion to pull

143the policies uh it was in as an awareness of the length of the meeting and the fact that they these policies deserved our concentrated attention to Victoria's credit and to disagree with member Malchesky We all received an email. How about December 8th? I know my response was I cannot commit at this time because my daughter's finishing college and and I don't know what that looks like as far as when I need to be there and when I need to pick her up. So I asked if there was any other dates because I found it very in unusual and very disheartening to see that our job as a board member as a priority and trying to find a date that was sooner than seven weeks from the last meeting. So I don't know where this conspiratorial

144theory is coming from because I know Victoria did her job. She sent me a request. I said I wasn't available other than and commented that hopefully we can find something sooner and then I got the date of November 3rd. So, thank you, Victoria, for doing your job. Um, I'm sorry if it's being questioned. Um, as far as um Dr. uh thank you, Kelly's, uh, comment, I will address that later in my report because I did include something in it in my report. So, thank you for bringing it up. Uh, the transportation. So, uh, since the last meeting, uh, we have had a transportation committee. We came together to continue responding to the concerns and complaints of the school community regarding our transportation services. The committee continues to do the work of providing safe and prompt

145transportation to all of our students so we can meet the needs of where they're at. With the support of our new CBO, we were able to determine that the TK laid owls for Elmoro that those parents are actually driving themselves to the Boys and Girls Club, meeting the bus there, and the bus is taking them the rest of the way to El Mororrow. What we discovered through this committee and and different factf findings that were going on was that the bus was just idling at the Boys and Girls Club waiting for those parents to arrive. So, we've adjusted the route and that bus is now actually driving out and picking up our students and bringing them in because our commitment is to serving all of our students. We've lost quite a few students to Aliso

146because we don't have transportation for some of our high school students and our and some of our TKs. Parents out in Aliso cannot get their kids into school. So, I'm very proud of the work that we're doing. Those are the things in my mind that the board should be reporting on in a board report is what we're actually getting done. Um I want to thank Howard Hills actually also for bringing forward the um insurance or not bringing it forward for to Dr. Glass for bringing it forward and for Howard for being very uh adamant that this should not be imposed on the staff as a money grab or taking money out of their pocket. And I agree with that. I want to make sure that's on the record so that that narrative can stop because

147it's not true and it's just fabricating a story. Um so the back to the transportation uh we'll be test piloting um Durham transportation s we have an issue with the rep how issues on buses are reported. The issue is recorded on the bus camera. It's then if there's an issue we have to go in and download it on a thumb drive. They bring it to the computer upload it send it over. We dr download it and then they look into the problem. In this day and age, we have technology called the cloud. We were not using that kind of service. When we challenged Derm Transportation, they said that they were test piloting a new software system that is actually a software system that our new CBO has experienced with and it's very very highly rated.

148Uh Durham at first said we could try a new software and we would go ahead and pay for it and it would cost us $60,000. through further pressure by myself, by um and comments from our new CBO who arrived at the second or third meeting, uh we determined that we should be able to test pilot this new software as well. And so now we are going to test pilot it and it's not costing us $60,000. So that is the some of the work that the board is actually doing that should be reported on is that we're bringing our students into schools and we're saving some money. Uh we're kicking off um and that is also honestly clear communication, transparency, and accountability in sol solving problems, which is what I ran on. Uh we're kicking off

149our arts committee next week with the appointed members with the goal of finishing up the committee elections. I'm very excited about this and honored to be a part of the team that brought this item forward as well. Um D and myself are on the transportation committee and the arts committee and I would love to see more of that being reported. Um I did on a personal note I went to the ASU family weekend uh two weekends ago, two weekends ago now. But one of the things that I was most excited about for this district was participating in a program that is done by Dreamscape Learn. It's a virtual reality education platform that ASU and their tech department is working on with um Hollywood filmmakers. I'd give you all the names, but I didn't write them

150down, so I apologize for that. Uh the experience that we had was sitting at a desk putting our VR glasses on and we were uh going into space to the International Space Station and on our way as we approached and getting ready to dock there was an explosion and there was white snow in the atmosphere. And so as a student the goal of this exercise was that they then had to take go back to their chemistry labs figure out not only the chemical reaction what happened how they can solve it and then go forward. It was amazing and I'm really excited to bring that idea to the arts committee to look at how we can implement that into our district if that's something of interest. While it's a a tech item, it's not a screen

151and it was very interactive. The goal of the program is a 15-minute interactive VR presentation and then they go back to the classroom for three hours or outside for three hours to work on a solution. The group that was coming in after we got done was an arts history class. Um, so I think that the possibilities are endless for us and that is the goal of this of this company is to bring education to a whole new level. So I'm really really excited about that. Uh, I attended the Coast Film Festival. Many many inspiring and environmentally concerning films uh that do a great job telling a story whether it's environmental, overcoming odds or building a community. A huge shout out to the Founders of the Coast Film Festival and if you haven't attended before I

152highly encourage you to do so next year. Also a shout out to Glow, our environmental education lead. Uh she's doing a great job and Coast Film actually invited me to their 40 Friday morning session that some of our thirsting kids attended along with the Community Roots School and a school from Compton where they watched a film. They spoke with the director on what inspires his storytelling. There was a rotation through with the Pacific Marine Mammal Organization that had a station that talked about the various whales, migration patterns, what they eat, and we even went inside an inflatable whale so we could see the impacts of plastic that is ingested by our our marine mammals. Uh it was a uh great presentation and again a huge shout out to Glow and our community partners. The community

153film festival's motto is come curious, leave inspired, which I did. I know that I am inspired by the energy and the bonding that was witnessed throughout our community during the past week and I do continue to struggle how those that are continuing the narrative that pits majorities versus minorities when it comes to the structure of the board and the continual complaining continued fishing expeditions through our PAS uh which drives legal fees by the way which I mentioned earlier when I believe instead as a community we should be more focused on coming together as a community advocating for the kids and programs that benefit from these inspiring learning collaborations in our community. I want to extend my apologies to the first generation students and support team on missing their big night last Monday. Technical issues seem

154to come into play as I didn't translate it didn't translate from my district calendar, my to my personal calendar and I lost track of which Monday it was. I hear it was a wonderful program, a wonderful turnout and a great evening and I look forward to joining them at their next presentation. Uh this morning I was invited to attend a drawing for the planet demonstration and event in partnership with the Laguna Beach firefighters. Drawing for the p planet is a great locally founded international program that truly creates a full circle moment by drawing images of animals in our local habitats or habitats under discussion. Maybe it's the oceans, rivers, wetlands, etc. They're helping students develop empathy for our environment, our critters, and what makes it special. and doing this through art which gives them something

155tactile to help understand the importance of protecting our envir of our environment. We discussed the new art committee briefly and are excited to possibly include this program into the discussion. Lastly, I did attend the LBHS PTA meeting and I was saddened to hear that the board report was based on opinion and not on the facts of what the board is doing. Included in the board rep report were disparaging remarks targeting our superintendent and board president claiming that it's a wrap had been taken over by two board members and that's not the case. the board president and the superintendent wrote the it's a wrap portion and it's accurate. To state that a non-affiliated organization is more accurate reporting the actions of the board is misinformation. And to Aaron Barry's point last month, we want to be

156clear that our communications are accurate. Finally, to the point that seemingly hundreds of PRs for communication between a board member and leadership, I'd like to remind all of you, including staff, that making those requests drives our legal fees, as well as that some others like to point out. These are issues between two grown adults. And while I'm not crazy about the optics of it, it's between them and for them to work out. The rest of us need to stay focused on what we're doing. And so again, in the spirit of community and to be the leadership examples we want our kids to model, I know personally I'm trying very hard to stay in the lane of the board, uphold transparency, integrity in the actions for students benefits. I am not focused on wasting taxpayer dollars,

157combing through emails, trying to find ways to bully, harass, and intimidate elected officials trying to do a job they volunteered for and were elected to uphold. Thank you for your time. That's the end of my report. Thank you. Um, I'll be quick. I had a a great meeting with our union representatives. We tried to be very open and honest with each other. I had a class with Khan Academy and they are really working on having more teacher input and making it more friendly for teacher use while they're tutoring their students. also attended the Coast Film Festival and I love that they provided programs for all of our students from third grade through 12th grade and big shout out to FL Glow also. Um I had several meetings with the superintendent. I loved watching the student

158films from all over and our student panel at the film festival was terrific. Um, I also attended the transportation committee meeting. I also attended the drawing for the planet and the next mural, there's a beautiful one at top of the world now. The next one will be at El Morrow. I also attended a class for on student voice with Dr. Cassandra Villa and uh she you know I loved a lot of things she said but one of the things she said was talking about if you if you've taught and you we've all had a student that was kind of irritating and you to think about it in that student's terms what do they need from you and she told a story about one of her students and you know I had a couple of these

159that was always drumming on the table as she's trying to teach English and the student goes off on his way and he contacted her a couple years ago and he's a drummer for Bruno Mars and and he also I had this most beautiful quote he said thank you for loving us while we were becoming it's a grateful quote for our students okay done with board reports I think um now approval of student board member course credit. Our student board members uh requested that this be placed on the agenda for discussion and approval. I understand that after cons additional consideration there may be a change to the request. First they were thinking they are allowed to be paid, they are allowed to get credit and they are allowed to get volunteer hours, not all of the

160above. And I think Logan is going to speak to this item. >> Yes, Keon has some stuff to add as well, but um we to to touch on your original point, we decided as student board me uh student board members Ivy and I that it's we feel that the student board member role especially just not just for us but for student board members of the future should not be something that has any kind of fiscal incentive but it should be part of your civic duty. And uh we we but however we do believe that the work that we do does pertain value and that it instead of being evaluated which comes with course credit and there's a lot of other externalities that come with gaining course credit. It it would be safer for future members

161of the board and just more seamless uh in general for community service hours to be awarded. uh community service hours are the the way board members would be earning community service hours. It would be evaluated by not only the amount of time that they spend on uh at meetings but also the amount of time that's spent on board uh building board reports or spending time with uh going to different school sites across the district or meeting with principles. Uh that type of work also. So that that's where we're coming from. is we we we have no intention of getting paid. We at this point um unfortunately I don't have Ivy with me right now to to speak to this, but from the last time I spoke to her, she had no interest in uh gaining

162elective credit, but it was community service hours that we think is most beneficial for the position for not only our role as the student board members, but also for the future student board members to come. >> Thank you. we we think you're really really valuable and we would probably be happy to go whichever way you wanted, but I think that probably is the best way to go. >> And Keon, did you want to speak too? >> Uh yeah, sorry. Um uh yeah, I think Logan has some great points that he uh pointed out there. And um I think at the end of the day uh I initially I wasn't even aware that we were being given something for this. I just I joined this to be like a helping part of the community and uh

163in order to help my school out. I didn't know that we were going to get something out of it. So, I'm just honestly surprised in full that we're uh even getting something out of it. But um yeah, so Logan brought this up with me the other day uh and how we had a few options and one was elect credit and then the other one was volunteer hours and um we ultimately came to the agreement that you know we would rather have volunteer hours than course credit because course credit's more ambiguous uh and you know just volunteer hours would help in terms of college. But yeah, that's pretty much that's pretty much it. And it's it's worth noting I Ivy did just text me and said that she's she's with it in spirit. She she wants

164community service hours as well. >> I know she is. Thank you. >> President Perry, do we need to do anything to the subject of this item before we make any motions or anything like that since it came in as a course credit, but the students would like to have us reconsider and have it be volunteer hours. Like we can approve it or we can vote on it with the amended topic >> it's an >> I can I can speak to that the the item the board item there is as I we talked about there's just clarification there is that code that allows them to be compensated for with a stipend or course credit the volunteer hours is a site decision which Dr. man fully supports they're going towards our community service hours which this role

165clearly exceeds the graduation requirement of 40 hours but they would definitely be supportive of that as well. So but that would not be a board board action. The board actions related to the ed code if we were to give them credit or a stipen which we which we they legally could receive if they'd like to. >> So we just need to change that it's not an action. It's just an information. >> Right. >> So it's just an information at that point then because we don't need to take action on it. You don't need to do anything at this point since they've changed their minds. >> Okay. Thanks. Um, >> yes. We will Chad will confirm with principal that that's your decision and move forward from there. >> Okay. Thank you, Mr. Mayberry. Dr. Mayberry. Approval

166of pre-desated events for board member attendance. This item was brought forward at the request of a board member. The intent is to allow participation in local events without requiring approval from the board for attendance or payment by the district. All events must relate to education and may put a not to exceed amount if we so wish. Board member questions. The >> board member Miller Chesky, go ahead with your question. >> Um, before we have a discussion about this, I would like um Mr. Danforth to explain the California code gift of public fund rules about uh reimbursements for if if you don't mind. Hello. Testing. Testing. Okay. So, ultimately, um, the gift of public fund rules rest on the legislature, the the legislative body's determination as to what is going to be considered either something that's

167a public benefit or something that would be an improper gift to public funds. Um the legislature has fairly wide discretion for that. Um one key point is that any decision by the legislative body needs to be prospective cannot be retroactive. So we can't be approving something in the past making that um you know providing compensation or or or something for that was not previously approved. Um and and really it comes down to an assessment of that legislative body as to whether it thinks it's imparting a public benefit to the district, the community as a whole um with regard to whatever the funds that they're using are are being used for. >> So if they it so we would need to make a determination that any request for an expense to be covered is fulfilling some

168sort of public good. >> Yes. And that public good has to be related very specifically to doing this particular job. Like public good, you could say a lot of things are a public good, but we're a member of a school board. So how would you define public good in the context of a school board? >> I would say it would have to go towards the benefit of of the school district of the community of the school district. I mean obviously this isn't a state legislature. you don't have as wide a discretion to create some sort of public benefit um program for a wide variety of different topics. There's no tax, you know, incentives, anything like that. It has to be specific to is this going to be something that helps improve the student community, helps

169improve the education of the students, helps improve the the district functioning or efficiency, something along those lines within the district's business >> is so if I have a question um so the role of the board right is to also one of the roles of the board is not only oversight and accountabil and accountability for our district's finances our fidiciary responsibility, but it's also to build relationships within the community and develop partnerships within the community. Is that correct? >> I would say that is generally correct. Yes. >> So, if the board is participating in events that like for example what the Coast Film Festival is on the list, the Laguna Chamber events and I know we have a membership to the chamber and so as a board we can attend any of the chamber events. State

170of the city mayor's lunchon. Um I mean there are different event there are different situations throughout the community that are board building opportunities as we look to strengthen our relationships within the community. That would would that be appropriate or not appropriate? >> I I would say that is up to the district and or the board to make that decision whether they believe that fits within the context of what would be something for the benefit of the district. It's it's hard for me to to say that because I'm not part of the legislative body. I mean, the the the district and the body the legislative body has a fairly wide discretion to make that determination. But it does have to be something that you can specifically tie to the district and it has to be something

171that would have an articulable basis for improving relations or um gathering information for a district. you know, program, something along those lines. >> So, would it be correct to make a distinction between a board member who wanted to create relationships for themselves and be out in the community versus needing to create a relationship because it directly serves the school district or the programs that we serve. That's two very different things. I think it's really good to know people in the community because I'm on the school board and I want them to know me is very different from I need to be at this because I will be interacting with somebody who knows something about I'll throw something out the arts committee or the transportation committee and so very specifically there's a like business purpose if

172you will. I I mean I would say if it's it's very clearly for personal gain that probably is less likely to have a public benefit for the district but again it's sort of something that needs to be decided by the legislative body. >> Perfect. Thank you. >> Is there was there a suggested cap if we were to do this? Is that a cap per event? Is it a cap per person? Is it a cap for the for as a budget line item? How is this man? How is something like this has something like this ever been done in previous districts that you've been at and how does that work? >> So I have seen several ways it's done. You have a travel budget, travel and conference budget for board members. Um it can change every

173year but usually it's the same for each board member up to a certain so the board member has the discretion to attend some conferences in state or out of state and in other districts there is an overall budget for five board members or seven board members. Some board members would take advantage of going to some conference, some doesn't. So, so I've seen it both ways where there is an individual cap $10,000 or $14,000 for each board member or there is a $50,000 budget for the superintendent for board travel. And then um sometimes I've also seen sorry one more addition what kind of or Tony said sometimes the superintendent would buy a table at the city mayor's lunchon and would invite the board members so that way it's not on individual board members but the superintendent

174feels having that board uh represented in the city mayor's lunchon or an event like that where establishment of relationship that can mutually benefit both the district and the and the city. >> Yeah. And if I can add one more thing like a very common thing that happens is and you probably all are aware of it that like the CSBA conference, right? Um that's very clearly something that's beneficial to the district because it gives all of the board members an opportunity to learn about governance and all the different things that go into running a school district. It would include the travel. It would include, you know, a lot of the other things that go on. Um, and it's not necessarily cheap, but it is something that, you know, is effectively for the public benefit. >> Victoria,

175what's our past practice in this area? >> Past practice has been things like the mayor's breakfast um or lunch, whatever, you know, we just Yeah. CSBA has to come to board for approval. Um, it has depended on the board actually as to what needs to come for approval. So, um, smaller things like $50 usually don't, but if somebody wants to go to a lot of different things, then then we usually bring it before the board. >> Have we done that though? Has have we ever had a board member who >> not in the last >> routinely charged? >> Not in the last 10 years. >> Okay. I understand board members pay out of pocket um have paid out of pocket in the past, but I'm wondering if we would not attract a more diverse um

176consideration of candidates for the board if they knew that they could represent the board, could do their job and not be as burdened financially, for example. I mean, not every board member that um not everybody that wants to consider it possibly um is able to have uh the resources to do that. >> Okay. Let's have our questions first. >> Sorry. >> Any more questions? Okay. Um comments, public comments. We >> have one public comment. >> Okay. Uh, Ka Brown, >> no. Um, CSBA, absolutely. All these other things. We are a tiny town. Everybody knows everybody. You can just find somebody at Ralph's or Pavilions. If you need to say something, if you want to go somewhere, great. Do it. But do it on your own dime. >> Thank you. Okay. Discussion. >> I don't always

177get to go first. >> Well, I always look your way first. So, >> go ahead. >> So, um I'm gonna uh just go right to my concerns about this. Um we are invited to attend most school events. Every school event is open to us and that gives us pretty much all the information we need to do our job. It's true that students have films at the Coast Film Festival. The Flow films are fantastic. They also show them for free at the Rivian and we all get an invitation and we get to go to the schools to see, you know, the proposals, the documentaries. So, there's no real need that we be at the Coast Film Festival to to see the films that our students do. In fact, there aren't really community events I can think

178of that are required to be a good board member. Um, we're provided with these opportunities weekly to learn more about what our students are doing in our schools. Um, there is no need to attend community events for cost to do this work. It's really nice, but it's just not necessary to do a good job on the board. Um, I also the optics of this seems really odd to me. like our staff has voted no confidence in the board and we're asking funds for funds to go to citywide social events that are unnecessary to the work of our of the board. Um if we want to fund people to attend education related events, I'd like it to be students and teachers, not board members. Um and I think we should be spending a lot more time

179on understanding how the district runs so that we can have meetings that are three hours and save a lot of money for the public rather than going on for five or six. But the bigger issue for me is how do you even police this? You could argue well historians of education argue that everything is education. Education is community, church, family, schools. And you could make an argument that most events in the city redounded some sort of benefit that is educational. And this is setting up some sort of, you know, policing effort to figure out which things meet a specific bar that says, "Yeah, we really need to be doing that in order to do a better job in the board." And I just don't see like, it's lovely to go to the to the Coast

180Film Festival, but I don't see how it's legitimate to charge that to the district when you I didn't get to go this year. I was away. I think I can still do a good job up here. It's not necessary to be charging the district for that. So I am strongly opposed to this. That's my comment. >> Kate. >> Yes. >> Um just to give a comment from as a student who like does organize a lot of events through things like MU. Um a lot of the first people that it we're told to invite is the school board members. like I I agree with what uh Trustee Mountes was saying where that that that is just an incredibly common thing that happens. So, at least from a lot of the students that I've talked to and

181as a student who does this, I I just don't really see any real necessity for for this. It's already kind of built into being elected as a member of the board of education. >> Thank you, Dr. I asked city council members as far as what's the uh what what do they pay for and uh most of the stuff is they pay out of their pocket except for the uh the state of the union address uh that that's basically paid for uh by the city. So I think that's a a good model uh to follow. >> Member Morgan, do you want to have any other comments? Um I I don't think so. I think everybody has really good points. I think I I do want to point out though one of the things that I have

182come across a lot is um running into people that at different events because I do attend a lot of events um with the idea of building those relationships. So, and and people are frequently commenting about how they've not seen school board members at events and certainly as we came on board, one of the comments even through the city was um building better relationships with the board, with the community, with city council. Um and so I think that um this topic coming forward is interesting because I think it does support the idea of a a more unified community and working together especially with the city. Um I know um I've just I met with Bob Whan. I've met with different city people um and different community members and the idea of being more visible in the

183community to support our schools was a very positive conversation and seemed to be something that people would be very open to because they would like to see more involvement from the school board in our community as a whole. >> Thank you. Um I also I see some practical parts. I have paid myself but um gone to different chamber events because I'm looking for people who can mentor or um possible career choices for students and I've gone to some of the the business ones also thinking always looking for somebody for students as far as talking to them about a career or maybe taking in an intern. Um, but again, I didn't charge anybody for that. I I do think that it it does look good to support different groups in our community. Um, I'm not, you

184know, I've never asked for money for this. I don't feel strongly either way. I do feel though that that a board member, if they really feel they should go to something, I don't think they should have to pay. I know being a board member actually costs quite a bit of money. At least it does me. And I don't think board members should really, you know, we're volunteering lots and lots of hours that we should also have to be paying to go to things that we should go to. >> Yeah. Yeah. But we don't have to go to them. It's nice when we go to them. And we also live in a small town. It's like we we see people all the time and there's all kinds of free events and the the issue for me

185is not that I want people to have to pay an unfair burden in terms of cost. The issue for me is that you you can do business all over town all the time and there is no actual board purpose that we need to charge the district for. in terms of, you know, these various things that, you know, like the Coast Film Festival is really nice, but we can see the films without paying for them. It's it's a it's a nice social event. So, I I certainly understand why people would want to go to that. I just think you're setting up a weird bar of having to individually just judge all different items as to whether or not they have educational value. The issue the issue is really is it required to do this job? >>

186I I understand that. But for me looking for, you know, my job on college and careers and looking for careers, I could walk around to every business in town. That would take a tremendous amount of time. It's much easier to just go to uh Lagouna Beach business meeting or go to a chamber thing. >> President Barry, have we had a a motion for discussion? Thank you. >> So, um I I you know I understand about the Coast Film Festival. I don't know that it should be these specific things, but I'm I'm not opposed to paying for a board member to do something that they think is valuable for our students. Did we have >> I move them I move that we um do not support this motion. >> Okay. Well, let's vote. Um then how

187many if you do not support the motion? >> I I >> How many do support the motion? >> I with a cap. I It's 22. So it's it's table or it's not tabled, but it's dead because it's there's it's an even vote, right? >> Motion fails. >> Perfect. >> Okay, we're to approval of the annual organizational meeting for 2025. Um, this is in in accordance with the California Ed Code. Um, the Orange County Department of Ed request districts submit the date of their 2025 annual organization meeting by November 21st, 2025. This will ensure proper reporting and compliance with statutory requirements. Um, our meeting is scheduled for December 11th, 2025. Board member questions. Can we add dates to the um that'll be proposed at the annual organizational meeting as part organizational meeting within this motion? >>

188This is just the establishment of this one meeting. >> Got it. Thank you. >> Okay. Are there any speaker cards? >> No. Fair enough. >> Okay. U may I have a motion to approve the establishment of the annual organizational meeting? >> So moved. >> Second. All in favor? >> I Okay. Review and discussion of governance practices and the role of the board. Um in order to manage a more orderly and less disruptive policy and review process, we would like to discuss general governance principles. So we don't need to debate fundamental principles over and over at each meeting. Mr. Danforth is here to assist us. We will start with some questions for each board member to answer if you want and then Mr. Danforth will give us legal guidance. Um if we can agree on some

189basic principles, the road forward will not be so rocky and will be more of a freeway. So our first question is um what is meant by a strong superintendent and a weak board? A weak superintendent and a strong board. Can there be a strong superintendent and a strong board? Board members. >> Oh, you're asking. >> Yeah, all the board members. I'm hoping >> it's strong, >> strong superintendent, weak board, >> weak superintendent, strong board, strong superintendent, strong board. Mhm. >> I'm not sure I actually know how to answer that because it's a um the I have a a a sense of the way that the district is supposed to work based on the fact that we have a superintendent who is supposed to run the day-to-day operations of the district and a board that provides

190oversight. whether a board is stronger or weaker or the superintendent is stronger or weaker. I don't know how to put that into some sort I I don't know how to articulate any meaning out of that. >> Okay. Um but have you heard those terms before? >> No. I just whenever you talk about businesses, companies, the department of history, sometimes you have a strong chair and a strong executive committee and sometimes it just changes the way the dynamics work in terms of getting things done, >> right? Yeah. Yeah. Anybody else? So I do because I've been in this room for so long. Um I know at one point we had specific quotable comments made that we are and this is not me. This was what was being said at the board level at that time. Uh

191the president stated we are a weak board and we defer all of the decisions to the superintendent. And so in that, what that tells me is that that would be a weak board, strong superintendent situation where the board really has designated everything and all the decisions for staff and the superintendent to make and they really are essentially just rubber stamping everything that comes through. That would mean to me would be a weak super or a weak weak board, strong superintendent. A weak superintendent and a weak board or a strong board in my mind would be a um uh it would probably be something along the lines where um there was micromanaging, right? having um for the board to direct staff or direct the superintendent or the CBO, you need to hire somebody and then demand

192or expect that they would hire them and they would and the the executive team would comply. That would be to me a strong board and not necessarily a good board, but a strong board and a weak superintendent. A strong superintendent and a strong board in my mind are are groups of you know is a board and the superintendent that work very well together that balance each other that give um a recommendation based on input uh from a superintendent that brings research maybe they bring a variety of options not just one option but a options like Iated Manoj bringing forward um you know four options but not limited to it wasn't these are the options it was, you know, these are some things to consider and we'll go from there. That to me is a strong

193working relationship between a superintendent and a board that um allows good oversight and good fiscal um accountability and good fiscal oversight, but is not getting in the weeds, but is working in partnership to bring the best forward in our community, our district, and our uh on behalf of our students and our staff. say anything. >> I like Joan. Um, this is a policy board and I believe our role is to make policies and I believe that you have a uh we hire one person and that person is responsible for all the staff and for implementing the policies. So I believe in both a strong board and a strong superintendent. But the role of the board is to make policy. the role of the superintendent as far as is to implement the policies and to manage

194the staff and I don't believe that we should be involved in at that level with as far as it's the superintendent's job. >> So you're saying um strong board but stay in your lane, strong superintendent stays in his lane. Okay. Um Mr. Danforth. >> I mean, I think it's hard to provide a definition. I think Sherry was about along the lines of what I would say as far as a strong board is a board that wants to be interested and involved in making decisions. Um, a board certainly has the authority and the duty to oversee the district from a high level. Make sure that um, it's overseeing the policy decisions, making sure that the finances are in order at the end of the day after reviewing budgets, things along those lines. Um, a weak board

195would be one that, you know, is very passive, leaves all of the decision- making to perhaps personnel and the superintendent and then vice versa, right? Um, I think that a functioning district has both a strong board and a strong superintendent, both of which who collaborate and work together and um, they function within their roles because I think that there are roles between the board and the superintendent. Um the superintendent obviously is hired by the board to act as the chief executive officer of the district. So that individual has duties to oversee the daily operations of the school district. Um has duties to make sure that hiring um they're hiring appropriate people who are credentialed and who have all the certifications that are needed. Um and while while the end decision for example to hire somebody

196is the boards um the superintendent and his staff members are the ones that want to bring those people in and produce them and and and make them available for the board to make the final decision. Um I guess that would be sort of my high level not high level but >> thank you that that was great. Um, like the city, we are local legislators. Our bylaws say they are binding. Do bylaws have the effect and force of law? What can the consequences be? Should the board adopt consequences that um, our bylaws say they are binding? Do bylaws have the effect and force of law? We just had the attorney answer that question. >> What >> do do bylaws have the effect and force of law? >> What can the consequences be? >> You're asking me.

197Sorry. >> I thought that was going to be a question for everybody. Okay. Um, >> yeah, absolutely. I can jump in. So, this is a situation where I have to say it depends, which is an attorney's favorite word. Um, I would say generally speaking, the superintendent and the board have a duty to uphold the policies that have been created. Um, the education code requires that policies be created in order to make the district function. Um, and there's a number of education code sections that specifically for that subject matter require policies to be created. Um, one example would be just simply for the time of meetings, right, for a a board meeting that's governed by policy. It's also required by statute. Um, required policies for uh student participation in curricular and co- and or extracurricular and

198co-curricular activities. Those are things that are specifically required by statute. Um there are some policies that aren't necessarily directly required by statute but are good practice um because again they help create and foster clarity in the district and transparency. They also provide very clear processes for doing certain things. Um and they just ensure consistency in the way that rules are applied or the way that the district is functioning. Um are are policies given the same binding effect as law? Uh yes, they are. Uh and especially if the policy is something that requires or or that's a process for the board to make an action. If the board makes an action, doesn't follow policy, somebody can file what's called a petition for rid of mandate with the civil court saying, "Hey court, they didn't follow their

199internal policies. They're a legislative legislative body. They created these policies. And if they don't follow those policies, the court can then overturn that action. Okay. Um it can also create problems with the Brown Act in so far as that applies to whatever the policy is at issue. Um there's obviously a lot of procedural policies like the UCP, um uniform complaint procedures, which you have to follow the code of regulations. um districts, it's good practice to create a policy that very clearly lays all of that out so that people know what it is that they're getting into, how to file the complaint, do all those things. Um if the district doesn't comply with that policy, they're effectively violating statute. That's a whole separate issue, right? Same thing with public records act requests. If those are not

200complied with and it not only violates usually the policy, but it could also be a petition for a mandate. Similarly, um when it comes to, for example, supervision policies, um it's very important for the district to follow those policies and also make sure that the policies are up to date and in compliance with all of the current law because if you get sued down the line for negligence, for example, um and the plaintiff says, "Hey, jury, um this district had a policy. It was out of date. it wasn't up to snuff with the current duty of care that they should have been. Um, that's something that they're going to rely on to show that the district violated that duty and created created a neglig negligent situation. So, policies are very important for a number of

201different reasons, not the least of which is sometimes it can result in some sort of a civil action. Um, I think that they're really important for clarity purposes and it's really important to have detailed policies which is why Virtually every district across the state has very clear policies. Um you're not necessarily required, for example, to follow CSBA, but CSBA is a very good example. Um because they what they do is they take what all the districts do across the state and they go what's working, what's not working, and then they make those revisions. Um and they try to give districts an opportunity to implement what they believe is the best practices. and they get to sort of take that really really high level look at what all these districts are doing. Um, yeah. I don't

202Does that answer your question? >> Yeah, that helped a lot. So, if a district doesn't follow a bylaw or follow a policy that's part of the ED code, what are the consequences if somebody is just filing a lawsuit? >> Uh, it depends on what the particular section is. It could be anywhere from a civil action that includes, you know, damages to a writ petition where the court um grants attorneys fees perhaps if the person who brought the writ petition is successful. And obviously that can rack up real quick when you have certain attorneys who have an expertise in a particular field and they're charging, you know, $5 to $800 an hour. Um yeah. Uh it can also one more thing to add uh it could also just bring with it um administrative oversight from the

203state right so you can perhaps it could result in a complaint to CDE who then comes in does an investigation and then issues findings and requires the district to do a bunch of different things right >> um so the the board can delegate powers to the superintendent or to other individuals. Correct. Yeah. No, that's one of our that's one of our Please give some examples of powers that can be delegated to individuals other than the superintendent. So the board can delegate certain duties to different individuals and it does that usually the board delegates duties to the superintendent and then the superintendent can delegate those duties to who they think is the appropriate individual. And the best example of that is like bargaining for example, right? The superintendent could be the person who does the bargaining,

204but a lot of times the superintendent will designate an assistant superintendent to handle the bargaining duties. Um, the superintendent, sorry, I lost my train of thought. Um, as far as far as design, it's it's hard to it's hard to talk about this in such general terms. So if you have the board has the ability to delegate certain duties to like a board member if they feel that that board member, you know, is going to sit on a certain committee and they're going to be the one that sort of is in charge of figuring all of that information out, bring it back to the board. Or maybe the the board designates a specific individual to make comments about a particular subject that's happening at the time. The board certainly has the ability to do that if

205there's a majority vote to do that. So there is the ability to delegate. The the board also has the ability or and and the duty to sort of outline the um job descriptions of various people within the district, which would include what duties they're supposed to be in charge of, right? Um, >> um, do you know of any examples where a board delegated uh certain responsibilities to an individual that would usually go to the superintendent >> like like what I I'm really trying to understand the question. >> Yeah, I I can't think of anything offhand. I would have to I would have to have something a little more specific than that. I'm sorry. Okay. Um um the board has both oversight and fiduciary duties. What is the best method for the board to perform oversight?

206And what is the best method for the board to perform its fiduciary duties? And I think we can all talk speak to this. >> No, they are not. They don't mind. >> Can you repeat that one more time? >> Yeah. What What I'll make it easy easier. Um what's the best method for the board to perform oversight? I mean, one of our jobs is oversight. >> Are you asking Mr. D? >> No, I'm asking us and then he'll answer, >> right? You're starting with me. >> Whoever wants to start the the bylaws make pretty clear that we have oversight over what happens in the district. We have broad oversight. And with that oversight, just like if you're in a a company, you hire people to do particular jobs and you build trust with them and

207you get reports from them and you check to make sure that they're doing their job. But I don't think it's the job of the board to get involved in the day-to-day operations of a school district or to micromanage decisions that have been delegated by the superintendent to people in the district. So for example, I read through the personnel report. I don't need to see every job description and get information about how payments are calculated because I trust Mr. Conlin has systems in place to do that. That would be a kind of micromanaging that I don't think the board has to do. We do overlook the budget for example and we should understand what's in the budget and ask questions so that we are operating you know our fiduciary responsibility and general board oversight but it

208does not for me oversight does not include being involved in any way with the day-to-day operations of the district. >> Thanks. Anyone else >> asking questions? I'm looking at Jim because I know Jim doesn't like to ask a lot of questions. Um to me oversight is um directly related to asking questions, understanding what is being presented, not just oversight on the budget because I think if we had um oversight, we probably wouldn't have had um uh Manoj stand before us and give us a lengthy presentation on um our insurance benefits, right? So that would have been something that I would have thought somebody would have asked a question along the way of okay so these are percentages but what's the actual number? So that to me would be oversight where we are questioning and not

209to um and I think maybe this is where some of the um tension might be coming from because um I know way back in January right we were talking I brought forward policy 1100 and the whole purpose of bringing that forward was to look at the policy look at what we're doing and determine is the policy aligning with what our actions are and really it was specifically related for me in my inquiries about two-way way communication. Are we doing things like radio programs and um um updates out to the community that are district focused, not student focused and privacy, nothing specific about students, but about communicating out what the board is doing because again, in the process of running for the seat last November and speaking to many, many people, it was I have no

210idea what they're doing. I don't know what they do up there. I don't know what where money is being spent. I don't know any of that. And so to me, oversight is not only asking the questions and asking for clarification and understanding so that we can better serve our students and also the staff because oversight would have prevented some of the issues that are happening with our insurance. And that starts by asking questions, being curious, not just moving the agenda along, not saying, "I trust everyone." Because to me, trust is earned, but there should also be a level of respect that we can ask questions and not have it be challenged that we're insulting staff because our job, as has been identified, is to uphold policy. And so if we see something that we're challenged

211to think that maybe we're not totally aligned, then as a board member, it's our job to say, "Hey, can we look at this and evaluate it?" That's not an insult to staff. That's not saying that nobody's doing their job. It's, "Hey, we want to do best practices and we want to do the best job that we can." And so I have questions. But up until recently, all of our questions were, "Oh my god, you're insulting people." And it's like, "No, that's this is our job is to ask questions and oversight." And I mean, I've got texts from different people saying, "Don't people understand that oversight is asking questions, is understanding, is making sure our policies align with what the actions that we're doing?" And clearly, we have uncovered many instances where there was no oversight.

212We have students that were not being served at the high school because the middle school bus that the high school students can get on at Eliso didn't stop at the high school. That's it. All we had to do was say, "Hey, can you stop at the high school?" And we did. And and now they are. And that's it. That's oversight. That's what this job is about. That's why I'm sitting here because I don't think people were asking enough questions over the last several years. And if that's insulting to staff, I'm really sorry because I love our staff. But I am going to ask questions because oversight to me is asking questions. It's not getting into the day-to-day. It's not you should hire someone else. That's getting in the weeds. So that to me is what

213oversight is. I'm sorry that I'm emotional, but I feel like some of this stuff and this noise that's out there is because it was created, not because it exists. >> Okay, >> ma, I just want to make the point though, oversight is not inciting fear into staff members to the point where they don't they they don't want to like publicly make comments. There have been teachers who I've spoken to today prior to this meeting who said that they feel the need now to make their names anonymous teacher instead of putting their actual names in fear of getting nasty emails from certain people on the board or being publicly called out by on the board. And that's not oversight. That's inciting fear into faculty members of Lagona Beach Unified School District which is not not only

214part of the board's job but also just not okay. Yeah, I agree with that. But I also I also think oversight includes asking a lot of questions and I think it also involves doing our own research. I don't think we trust everything that comes along that it's correct. So I have a different opinion. >> So of course we have to operate with that kind of oversight. But the way that you do it, it's about leadership. And you don't call people out in meetings. You don't put a communication plan on the agenda without saying to the communication director, "Just a heads up. I put the plan on here. I think it's a great plan, but I want to ask some questions. I don't want you to be worried that you're being called out for some reason."

215The communication director should not have to worry all week long that their plan has been put on the agenda and nobody's had the decency to tell them why. You can go to Dr. Glass. You can go to staff that with permission of Dr. Glass. You can talk to teachers by going through the union and say, "Hey, I have a question about something." But honestly, your version of oversight is to call out people in public in ways that are completely insensitive to the fact that they are trying to do a job. They work really hard every day. They're doing the best job that they can do. And to ask questions as though it's not just, can you help me understand this? It's I don't trust your expertise. let me ask a whole bunch of questions because

216I'm not sure you're doing this right. That is the way this board makes people feel. And that's not oversight. It's really, really bad leadership. And there are I have never in three years of being on this board come to meetings and felt like I don't understand what's on the board agenda or I don't know what people are doing. And when I do have those questions, I get them answered. I meet with the superintendent. I ask questions. I ask for I have met with Mike Morrison by having permission from the superintendent to do so and ask questions about instructional technology. I don't out people at board meetings and make people feel fearful. The the community that the staff doesn't like the board for that reason. You incite fear. You call people out in meetings and you're

217not at all >> conversation. This is not The board is not sensitive. >> The board is not sensitive to what it means to ask questions on the deis recognizing that human beings are doing the job and should be appreciated. >> I agree and that therefore we should not be telling our new CBO to hire more staff. So, I'm not really sure the intention of the comment because at the end of the day, oversight is asking questions, doing our own research, and and and ensuring our policies align with what we're doing. And that's a pretty simple explanation in my mind. And if asking questions instills fear in staff, that's unfortunate because that means they haven't been questioned in the past and it's not something they're comfortable with. I asked very the communications item that you're referring

218to. I did ask for um to have it put on. It was a discussion between the acting superintendent and myself. There was no and I made it very clear. Many people asked me questions about what it was about. And I said, "It's really simple. I just want to make sure we have two-way communication because I have some people telling me that they're not getting any information." It was pretty basic. And when I asked that question, it was an attack on how dare you insult staff. It's like there was no insult. I thought I said I thought the pro presentations were great. I thought the graphics were great. I thought everything was great. Hey, can we look at this two-way communication? So, I do think that part of this oversight issue is the fact that people

219are villainizing the idea of asking questions. And that's not oversight. Because if we again, if we had oversight and people were asking questions on the board, we would know what the insurance issue was for the last four years. It wouldn't have been ignored for four years because there was no questions asked. So, you know, you can't have oversight and not ask questions. are insulting. That's too bad. >> Nobody said you didn't get to ask questions. I've had many staff. You know what? My staff always feel supported by me and I know what they're doing. So, it asking questions isn't the problem. >> It's you're saying it's the way the questions are asked and when they are asked. >> Staff are treated. >> Mrs. Morgan, I want to give you just a real example tonight. I

220did not tell the assistant superintendent to hire someone I I suggested that the consultant said that was one of the reasons why we're in the we had the problem that we had >> and they should do that. That's what you said. >> I I'm sorry if I said that, but >> it was it was my recommendation to him to to rethink it. That was my recommendation. But you have characterized this as my wanting to force this on them. That's not ever my intent to do. Okay. Thank you for the clarification. But >> I think three times you have gone after me with that. No, I'm just Mr. Danforth, can you enlighten us? >> Yeah. Um, I I think board oversight comes down to a couple things. It just to simplify it. Setting goals and expectations,

221clear goals and expectations, and then monitoring the results of those goals and expectations. Um, I think it's important that the board is informed obviously because you can't make a decision without being informed. Um, I think those are the key aspects and then how the board goes about doing that, that's sort of their their method, you know, whatever works for that board. Um, I I think that it's it's very helpful to Make sure that you understand all of the topics that are being discussed. Obviously, I mean, a lot of these topics are very complex. Sometimes it might require more than one presentation. Sometimes it might require, you know, a couple different um analyses, you know, whatever the case may be. Um, it's definitely important to do some of your own research to reach out to, you

222know, if you're looking for maybe new curriculum ideas because you want to be involved in that, you know, go out do that, propose it, right? Um, I think that's a good idea. Um, so I I guess because it's a very broad question, my response would be set very clear goals and expectations and then monitor the results of those goals and expectations. And if they're not meeting your standards, then um come up with a different method for maybe being more specific or trying to identify what the problem is and then be informed about all of the decision- making. >> Thank you. That's helpful. Um be set our goals specifically. um ask questions, do our own research, be respectful. Okay. Uh let's see. We often hear the board acts as a whole and has no individual authority.

223What does this actually mean? For example, board members volunteer on different committees such as school power, facilities committee, transportation committee, etc. In various roles, they represent the board but speak as individuals. what you're asking. >> Um, I'm asking what does it mean that the board that the board acts as a whole and has no individual authority? >> Do you want me to answer first? >> Okay. >> I do, but Okay. So um that comes from the idea in or not the idea but the rule in the education code that requires that the board act by majority vote for all actions. Right? So if we're talking about any board action or district-wide action, it has to be accomplished through a majority vote of the board. Um and so that's why individual board members don't have the

224ability to make a decision or do something on behalf of the district without majority vote. Um as far as you know volunteering on various committees I mean typically you know board members are appointed to a particular committee that's a decision that's made by the board to do that particular task. Um, if a board member is asked to be in charge of certain communications, that's again that would be something that would be decided by the board majority and that way that person is in charge of that particular task. And the reason for that is because you don't want you want to be able to control the board's message, right? Because the district has a vision. The district has a path. You don't want an individual board member going off and going rogue. for lack of a

225better way of saying it and you know saying whatever they say and representing that that's on behalf of the board. So the board has an incentive to make sure that their vision is put forward and that's done through a majority vote. Um I I want to make clear that you know the board should try to act in unity but that doesn't necessarily mean that they need to act um unanimously right um it doesn't require unanimous approval just requires board approval but the board should try to work together in reaching whatever that goal is. >> And I have a followup do you know the concept unity of purpose that all boards are supposed to abide by? >> Yes. Could you tell us about that? >> Well, I think >> I think this board has a really

226hard time with that. >> I I think again it goes towards the the main purpose and the main reason why the board is elected is to represent really the students, right? Um probably the only elected officials really out there who are up there to try and promote um the best learning environment for the kids and the community. That's what the board members are there to do. So I think that with that unity and purpose um obviously there are disagreements that can happen. It's just a matter about matter of how the board functions within those disagreements. Um trying to I guess be respectful that sort of thing that helps the board function you know more efficiently. Um, you don't always have to agree with your neighbor, but and if the majority of the board votes one

227way, then we move forward with whatever that decision is. >> Can I ask a clarifying question on that? So when you're um when you are the representative of the board at different events or different meetings like let's take PTA for example is the role of that at that like I go to the community coalition that's one of the committees uh and the joint fiscal management but we never talked about um funds so um isn't is it true that what is the best practice on what to report is decisions of the board things that are coming up like transportation committee, arts committee policies that were approved, things that weren't that um you know the pool being on track, our facilities are in great shape. I mean those kind of things. It's not to bring your opinion

228to the discussion. It's to report on the facts of what the board has decided on. Is that true? >> Okay. So what is >> if you're reporting as a board member, >> what is the specific context? I'm sorry. What was >> So we're assigned to committees school power. So if you're there representing the board, >> yes, >> the is the proper >> procedure to report on the actions of the board, not an opinion, not anything like that, right? Okay. Thank you. >> Okay. >> On various things, which I think I'm allowed to do. >> I do that also. I I give a clear report of what happened at the board and then I'll say and as a parent because I'm at the PTA meeting and as a you know this is my opinion I am

229not representing the board and saying this. >> I think that's an that's an important distinction. If you are going to make an opinion I would s that's not something that's been decided by the board. I would suggest making that clarification. Yeah, I think we're all pretty careful about doing that and we all have our own opinions and as long as we say this is my opinion as a citizen, I'm not speaking for the board, we're okay, right? Are there other questions from board members? So, I think I think I under I kind of understand and your what your answer will be about these new CSBA policies, but I'll ask anyway. You kind of alluded to what are the consequences if we don't adopt them. >> Well, that there's a there's a lot of them from

230what I understand. Um, it would have to be sort of on a case-by case basis. If it's if it's something that is on a statutory update, it's suggested to change your board policy to reflect the new statute because not only does it notify the public who can then easily access your board policies, um, but it also can protect the district later on down the line if somebody challenges some sort of action by the board and we didn't have a policy that was up to date with the statute. right? We followed the old policy for example and not the statute because it was missed or whatever the case may be. If it's in the policy, it becomes a lot easier to make sure that you comply with it, right? Rather than going through all the statute

231books and you know because a lot of these policies isn't just one statute, right? There's usually a few statutes that they kind of incorporate into one policy. So for our policies that are based on new legislation, we can't just pass one motion that says we will adhere to all new legislation. We we need to pass separate bylaws for each. >> That would not be my suggestion. >> That's what I thought. >> Okay. Thank you. Let let's go on to the CSBA policies then unless you would like to say something else. Mr. Danfor, >> we have public comment. >> Oh, public comment. >> Um, Shaheen Shake Sadal and Ketta Brown. Well, first um I hope that Mr. Hills um fares well through his surgery, but I also am wondering why since he's not here, every one

232of his questions was asked and his usual circuitous logic and we had to sit here and listen to that. I'm just You don't need to answer. I'm just confused. Thanks. >> Sorry, these were my questions. Hi, Shaheen Shake Suddle. Um, parent in the district and president of Fuel. I just want to speak to what we watched just now. Um, as community members in the back here, that was not an honest effort to understand the law. From our perspective, it was an attempt by this board, a particular the particular people on this board to give cover for a larger deeply troubling narrative mostly pushed by member Hills. And yes, we do wish him well, that this board without educational training or expertise in operations is somehow equipped to run the district itself. And that theory is

233not only incorrect, it's dangerous. Tonight's line of questioning seemed designed to retroactively justify insensitive, dismissive, and often demeaning behavior towards staff. And when trustees use counsel, sorry, Mr. Danforth, to seek guidance, not to seek guidance, but to validate their overreach, it sends a clear message that professional expertise doesn't matter and the board believes it can replace it. But here's the reality. The community doesn't trust this board. Our teachers and staff and classified staff have already taken the extraordinary step of voting no confidence in this board majority in this board and particularly the majority. And that's not politics. It is it should be an alarm to this community and from the people who actually run our schools. This ongoing pattern of trying to overtake and and micromanage the district has real consequences. It harms morale. Staff

234can't function when they they are worried about being publicly shamed, as Logan so eloquently put, or second-guessed about doing their jobs. It destabilizes this district. When trustees elevate their personal opinions over professional expertise, you know who suffers? Students. This the only person you guys are supposed to be serving, actually. And it also signals a slow motion attempt to seize operational control. And we know that was one of the things that that Mr. Hills wanted to do from the very beginning. So to anyone out here on this dis promoting or enabling this theory that you can run a school from the dis a school district from the dis I want to say it's not sustainable. It's not legal. It's not appropriate and it's not supported by the community you serve. Okay. Can we go on to

235um the first reading of board policies? Um CSBA recommends revising these policies due to statutory changes. They are cleanup items and are recommended for review and approval to proceed with a second reading at a future meeting. All changes for these policies have been presented in the draft policies and CSBA updates attached to the board items. Mr. Conlin. >> Sure. So, we're jumping right in. All right. So board policy 0410 is brought forward for a first reading with changes to ed code and government codes related to uh non-discrimination and district programs and activities. So there's a paragraph that's added to >> okay and then we have board policy 0440. Again this policy is is brought forward as a uh first reading with suggested changes to align with advancements in technology. While this policy is optional, staff

236find it helpful that we have >> Are we going to put them all at a time? >> I thought we just >> Did we not just determine that we shouldn't do bulk passing of policies? >> What? Sorry. >> Did we not just talk about not Didn't you ask a question about passing policies as a bulk? >> Yeah. >> So, we should do the >> I think we just had that conversation. >> Yes, you. >> Thank you. So these three policies were grouped together. Then there are individual policies. These were all very minimal changes and when we did a gender review it was agreed that we would do these three but if you want to take them separately you can pull them and do them separately. >> I think council just re recommended that. So >>

237council recommended that you not say we accept all legislative changes. He never said you couldn't. >> Oh got it. Okay. Well thank you for the clarify. That that was I wasn't saying that you couldn't accept a couple like a group of individual policies that have specific changes. >> Okay, great. >> Saying we don't want a resolution or something saying we're just going to comply with all new legislative changes. >> Yeah. No, thank you. I did I misunderstood that then. Thank you. Um, I move that we um pass these three amended bylaws and move them to a second reading. >> I'd like to amend the motion as I have comments or edits to a couple of them. >> Okay. Sure. >> So, so I move that we approve these three with the changes. Okay. I think

238we had to do that first. We had to make amend the motion then we could discuss it. No. Okay. >> There is no amendment. they they decided that they were going to discuss the policies before they amended a motion that they can move to adopt them even as they they need to discuss it first and then decide. So on policy 0410, one, two, three, four, the fifth paragraph on the first page, the last paragraph, um I would like to suggest all individuals shall be treated equitably in receipt of district and home district school services. I don't know that it's clear. It just says school services and as a general statement. Can we be specific as home or is that too specific? >> What it means? >> The last paragraph home. So, all individuals shall be

239treated equitably in receipt of district and home district school services like their home district. You know, we when like in the special ed presentation, we talked about sending students out, bringing students in, you know, just the different services, but we don't really specify that that we should that we um should be treating them equitably in our home >> district. Isn't it still service? It's a district service, but it may not be in their home district. >> Yeah, >> that's kind of what I was trying to cl That's what I was trying to get to. >> But as they said tonight in the special ed presentation, they still follow and track what the students are doing in the we still have a district responsibility because it they're they're attending SULPA as a member of this district.

240So they're this covers that. Sherry, a point of clarification. So, are you asking to put language in there to where it would kind of put limits on that that they would instead >> limit it? I want to make sure it's equitable. >> Well, instead of being placed, you're saying instead of being placed in a in a in a program in the SULPA that they'll be supported in within the four schools in Laguna Beach. >> I think just the the equitability comment. I guess I I mentioned that because of the of the um last line where it talks about reduced lunch program and transportation, right? So we have students in Eliso that we are their home district, but because we didn't provide transportation or a stop at the high school, right? Then that would be we

241aren't serving them in their home district. And so I'm trying to make sure we're either covered, clarifying, or upholding what we're trying to do. So I'm just it's a suggestion. beach, >> right? But no, they don't go to school in Laguna Beach if they don't have transportation. That's my point that the the word transportation in the last line is why I'm asking about home district in the first line because we do have students that do not go that do don't go to school here because the parents can't get them here and so they send them to Aliso schools because it's actually closer to their neighborhood. are using our district services equitably. >> And my point is, so I'm asking is that are we covered for, for example, students that didn't have transportation? We need to

242make sure that we're treating all students equitably. And so we probably would be fortunate that student that parents out in Alisa didn't come didn't file a complaint or anything because we weren't providing transportation in their home district. That's so I'm tying transportation to home district. just because this is a topic that's been coming up. So I just want to make sure that this policy is reflects that or if do we need to change it? Do we need to add anything? That's it's more do we not we have to I'm asking >> I think this policy is more targeted towards students within the district who are receiving district services. So if they're not attending the district or receiving district services. So, it doesn't need to be specific. If they're not attending the if they're not receiving

243the services because they can't attend the district because they don't have transportation, >> then they're not using the >> but they're attending another school district, >> right? Because they don't have transportation from their home district. >> Okay. I I I mean, I think that the policy is clear. >> Okay. >> How it's written. >> That was my question. That was all I I just I know we've been talking about transportation and we have students that don't go to school here because of that. So, being the home district, are we do we need to specify or not? So, that was my question on that one. Thank you. >> Okay, then I I think we don't have a need to amend that motion. >> Not on that one. I've got another one. So many technology. Okay. So,

244this are we going through 0440 al or 0440? Okay. >> 1040. I see. Yeah, you're giving this last. Okay. So, I have a couple questions on um 44 0440. This is the district technology plan. Um, I wanted to suggest that we um that we ensure in our techn that we mention something about um agentic tools in AI because that's a little different than um when we when we input the uh information. Agentic AI is more um automatic. So, I want to make sure that we're covering that. And I also want to ask that we add a uh item eight to the district's technology plan shall include but not limited to the following u how much screen time will be utilized or limits to hours using uh technology for teaching because I know there was a

245big discussion um about how many hours we have in screen time and I know you know three hours was suggested which I know Ivy was like challenged thinking we would be challenged with that. But we don't I we don't put that in our policy that we that we were going to uphold screen time the amount of screen time. >> But that we use as a district. >> This is specifically the rules around how we manage the use of technology. It's not the pedigogy and classroom management rules about when it was used. That's two different things, right? So this is we want to make sure that our it says that we want to make sure that our students have AI literacy and their digital citizenship and it speaks to teaching them how to use the actual

246hardware and software of the technology. Whether we make curriculum decisions to limit how often they're on that is a different kind of it it's not that's not what this policy is about. My understanding that is that we are going to have an update on AI >> coming up pretty soon. >> There's also a new policy on AI being brought forward after that presentation, but we want you to get that presentation first. >> And specific specific to AI, not technology. >> Okay. But that's still are we not um concerned? Were we not just discussing screen time and utilizing it and how it's and and the basically its use in teaching? >> I don't think that's how to use it computer. It's a separate issue. How often they use it is not the same as the technology

247plan around the use of the computer itself. That is a curriculum decision about classroom management and pedigogy. It's different than what this plan is, this bylaw is about. >> Well, but if we're saying how these technological resources will be used to improve educational services, are we not needing to limit the the time? Are we are we not wanting to put a policy in place or add to the policy that we're going to uphold? >> I just don't know to do that. And I also think that um yeah, I I think we have to consider the appropriate place. If Dr. Glass is going to implement some sort of curriculum changes, then it's it's an actual curriculum plan. And I don't know that it belongs here. I think we should pass this as it is and ask

248that of of Dr. Glass where he thinks it should go in the bylaws. >> Can we ask our legal counsel on that one since Dr. Goss would probably refer to you to make sure that we're compliant. >> Um, I don't see an issue with adding something like that. I'd like to look more closely at the language that's proposed, but I mean the the technology plan could could dictate something like that. I think I know that there's been a lot of talk about screen time lately. So, but it I mean it would it would definitely be something that would need to be crafted to be broad enough to >> So, could we have that crafted and brought back for a second read or do we >> Yeah, it seems like we could just say something like

249the technology plan incorporates district um uh district models around the use of screen time. I mean it should just be something very general because those uh models might change and the rules around it might change. So that you know the the district should be mindful of or the the the bylaw you know the the district's technology plan should recognize any um you know curriculum limit limits placed on the use of technology. I think that's all you need. Yeah, I think that that would be it would be good to keep it broad in case any sort of standards change, but >> but incor incorporating something is not a bad idea, especially given your earlier comment where we uphold and oversee the policy to ensure that we're aligned with the policy. >> Yeah. >> Right. So, putting

250something in there saying about general screen time and to your point, you know, you're right, policies and and techn things are going to change. That's why we do policy review. That's why we do policy updates is because things change and evolve. >> I can just add the other place something like that may live which is the policy reference when we did that presentation in August is board policy 6163.4 student use of technology which is a little bit more instructional focused um as a place where that could be potentially added. Um I'm not able to access it right now. Board docs apparently not not working. Uh it's 6163.4 for uh student use of technology, but it may be that may be a place where something like language or verbiage related to that lives. >> But I

251do think we want to uphold some kind of parameters on screen time. I mean, that's what the community has been asking for is that we are more stringent with our screen time and putting um I mean, and because to the point, we have students use of technology, we have a district technology plan, we're going to have a policy on AI, so having it appear in different places as appropriate language for that policy is not a bad idea. >> Can we make a note to work on 6163.4 for and upcoming policies after the AI and um other presentations in December. >> That's a great idea. >> And then this one as well, 0440. We'll move this one off and table it as well. [Music] >> I don't think it belongs here, but it also doesn't matter.

252I think we should just move ahead. >> Okay. Well, then so we pull 0440 and have it looked at for that. >> Well, there eventually get pulled. We have to do the AI thing first. So, we can't pull it for the next meeting. >> Well, this isn't about AI. It's about screen time. >> No, I'm I'm sorry. Um, yeah, I I don't know. I thought I thought that was getting updated later when we get to those. We just haven't gotten to those yet. >> Do this the first second after the AI discussion. >> Yeah, I just don't know that it used it. Yes. But I think the AI discussion is going to impact the 6000 series, not this one. And I think we should just approve this because it's going to come up in the

2536,000 series >> and 6163.4 is referenced in this uh statute or I mean this policy, this proposed policy. So it may be a good idea to wait to resolve the 6163.4 policy and then perhaps incorporate something into this one if needed. >> Then are you recommending approve? Because I we also need to be careful. Are we setting a precedence that we're going to approve these tonight on a first reading because I think we just went through >> the motion was to move them to a second reading. >> Okay. >> I think I did. >> Okay. Well, because I know Jim just said that let's approve it and move on. So, I just want to make sure I'm understanding approve the first reading. >> Okay. I didn't you didn't add first to it as far as

254the superintendent for this direction. Is there anything for >> 45? [Music] No, I don't have anything for that one. I have a flag, but I don't have anything for the question. >> Okay. All All in favor >> for Yeah. 410, 440, 450. >> Moving them for a second reading. >> I Okay. Um, now are there speaker cards for this? >> No. >> Okay. >> Here. >> I move that we approve this for second reading. >> Second. >> Which one? 113. 113121. >> Any discussion? Any discussion about 1113? >> Nope. Okay. Call for a vote then. Hi. >> Hi. >> Student vote. >> Yes. >> I didn't I didn't ask you. Um >> happy. >> Now, uh first reading board policy 1312.3 uniform complaint procedure. >> Mr. Conlin. >> Yes. Thank you. So, board policy 1312.3

255is brought forward for a first reading incorporating changes to align with the ED code, updated federal title 9 regulations, and some new court decisions. >> Board member questions. >> Does item nine under complaints subject to UCP, uh, we've got 1 through 10. Is item nine course periods without educational content, would tutorial fall under that if it's not being used for education? But if it's being used for events and and things like that, is that something we need to be mindful of? >> I'm sorry, Sher, where are you? >> Number nine. >> So, policy board policy 1312.3 uh which is D. >> Item nine, course periods without educational content. We have um periods at the high school and I believe middle school is looking at changing their bell schedule. I'm not sure how they've worked together,

256but I've asked that question. We have tutorial periods that are about 35. Are they 35 or 40 minutes? 35. So 35 minutes. And and from what I understand from ED code is that it's all the tutorials are for um uh not for new material. It's for remediation of material reviews and things like that. But we are we have wonderful events that occur during tutorial which I love and I don't think we should change but I am concerned that the idea of using tutorial for those events because that's supposed to be ed minutes. So if we're not complying, if we're not just doing reviews and things like that, is this course period without educational content, would that fall under that complaint? Like a tutorial, if all the tutorials are, you know, pet the dog, I don't

257know. There's all kind I mean, they do wonderful things. So I, like I said, it's not the it's not the activity itself. It's the fact that it's being done during ED minutes. And are we is that could that be could we be opening ourselves up to litigation in that regard from if somebody wanted to complain? >> I'm going to say I'm not sure. I need to I'm sorry. I would need to look more into that. >> Sure. That would be great. >> Yeah. >> Okay. >> I can just We do audit and structural minutes every year through our process. Um and they review those and it has always qualified under state law as as under instructional minutes. >> What what is >> tutorial or advisor? >> Well, I understand. No, I know. I know tutorial

258is under ed minutes. That's not the question. The question is actually the activities that occur during tutorial that aren't educational. They're more mental health. >> No, they got too many mics on. >> We have lost internet again for a brief period of time. There will be a 3 to four minute period where there will be no video during the board meeting. So, it's not being cut out on purpose. We are having internet issues. Just want to let you know if something gets cut out right now during this time that's why. >> Thank you. Go ahead. >> Okay. >> Yeah, that was the question. I again I know tutorial is part of adm minutes >> and so this complaint list talks about course periods without educational content. And so the question is if tutorial is not

259um I mean if it's it's I mean social emotional support is some of these activities and things like that like I said they're great activities but is if we're hosting some events during tutorial that aren't like educa what's educationbased right so and how how is the use of tutorial if we're not if it's not um >> so it sounds like Chad you mentioned There's been an assessment as to the tutorial classes and whether or not they comply with the educational curriculum requirements >> or just the tutorial minutes. >> The Thank you. the Yeah. So the tutorial minutes because they're an extension of the classroom. So it might be like like you know like career speaker, right? Like that could be in the class, it could be in tutorial, it could be additional review, right? that

260could happen in the class or do tutorials. So those when we've had audits through we that's typically something that's audited like those are questions that come up. Um it's always qualified as instructional because it's just an extension of the classroom. They're doing activities that could occur in the classroom. This cases haven't during this period where there's it doesn't it's not a typical period but we've in the past it's always been approved for instructional minutes. And Sherry, just as a point of clarification for you, I just did some quick research on what constitutes a per a course period without educational content. Yes. >> And it's defined as a student is released from campus before the end of the designated school day. The student is assigned to assist a certificate employee in a course without being expected

261to complete curricular assignments like maybe a teacher's aid. Um the student is not assigned to any course for that relevant period. Those are what the definitions of of a course period without educational content. you're speaking to tutorial on a certain day, you're saying that maybe that activity doesn't qualify as educational content in in the in the grounds of UCP. It's an entire course like those three examples where it's not a class. >> Yeah. >> I second that. All in favor? I >> Okay. Um, first reading, board policies 3515, campus security and board policy 3515.4, recovery of property loss or damage. Mr. Conlin, >> thank you very much. Um, so board policy 3515 is brought forward for a first reading with changes in alignment with the education code and government codes. Specifically, a section was added

262in alignment with Senate Bill 9006, which requires any employee or school official who have contact with middle or high school students who are alerted to or observe any threat or perceived threat of a homicidal act shall immediately report the threat to law enforcement. So again, it's bringing this this board policy in alignment with that uh that Senate Bill 906. And then >> and then the second is board policy 3515.4 is brought forward for a first reading to clarify who from the district may seek reimbursement of damages. Just a minor revision >> that both of these get moved to a second reading. >> We're going to do board member questions first and then speaker guards. >> I didn't question. >> Well, I don't know if there are any. >> There are no speaker cards. >> Okay.

263And there's there's no public comment. Okay. Now, um I'll I'll second your motion. >> Okay. >> Any discussion? >> Okay. All in favor >> of moving things? >> Yes. Good. Um >> Okay. First reading board policies 4030 discrimination and employment board policy 4033 lactation accommodation and board policy 4119.11 4219.11 4319.11 sexual harassment Mr. Conline. >> Thank you President Perry. Um so again, board policy 4030 is brought forward for a first reading with changes made to align with the government code and other relevant provisions related to non-discrimination and employment. Um board policy 4033 is brought forward for a first reading to implement changes in ED code related to lactation accommodations. And board policy 4119.11, 4219.11, and 4319.11 is being revised pursuant to changes to the federal title 9 regulations. Board member questions. Are there any speaker

264cards? >> Nope. >> Okay. May I have a motion to move board policies 4030 4033 and 4119.11 4219.11 4319.11. >> Second. >> Any discussion? Okay. Student board member. >> Yes. >> All in favor? >> I Okay. >> Okay. Um consent calendar resolutions. This will be a roll call vote. Approval of consent calendar items B through F. Board member questions. Does any board member wish to pull any of the resolutions to be voted on separately? Member Malchesky, are there any speaker cards? >> No. >> Okay. May I have a motion to approve? >> Second. >> Any discussion? >> I haven't voted yet. >> Oh, okay. You're still Go ahead. >> Okay. Okay. We'll we'll wait. Okay. >> The um I'm a little concerned about this one. I understand this isn't related to a bond for the

265for you know a big bond. This is a stateisssued bond. Um but I'm concerned because we have not had I know I'm on the facilities master plan committee but was told that it was just about the pool but it's the facilities master plan. That's really the whole thing. And we have not had a meeting since February. Um and so or maybe March. So I'm concerned that um the approval date for the FMP was prior to the new new board the because that was originally done uh October where is it? October 2024. Um so I think we need a committee review to establish a more strategic transparent approach to allocating school facility funds. So, I'd like to pull that and um bring it back. I know uh I'm This item is for bond funding from the

266state, correct? >> Would you answer that? >> Sure. Um so this item is uh required so that we can apply for the matching fund from the state. So as we go through our aging of facilities, some of our facilities are eligible for modernization funds >> that we may have already spent. Uh the state issued Prop 2 funding $10 billion about $850 million are for K12 school district. So having this resolution will eligible us will be make us eligible for the matching grant from the state funding. So this is nothing related to our passing of the bond. It is just the state will allocate the matching funds from our investments in facilities. >> Right. And I and I understand that. And I guess my point is that as a new board, we have not gone through

267and looked at the facilities. And with the pool coming forward that has that is going to use all of our funds because Dr. Glass has said if we use all of our funds for the pool, then we have two options. We can either file for a bond or we do projects as we get more funds. And so the the fiscal uh the joint the um FMP committee has not met to review all of the projects to determine how they want to allocate or what priorities the projects have as a as a whole. >> That's correct. >> So having that meeting would probably be good before >> so you have to have that knowledge. >> Right. Right. This is this resolution will allow us to apply for state match matching funds. >> Okay. So once the

268state matching funds come in, you as a board will make a decision as to where to invest the state matching funds. >> Okay. So it doesn't need to be done beforehand. Got it. Okay. Thank you. >> And if we get the matching funds from the state. >> Okay. Student board member. Oh no. >> Sorry. When does the 90-day clock start? when um in the resolution it says approved by the governing board let's see now resolved as a conditioner participating in the SFP as administered by the SAB the Laguna Beach Unified School District shall submit a the DGS a 5-year school facility master plan or updated 5-year school facilities master plan approved by the governing board of the LBUSD district for all applications submitted on or after October 31st. first is that why is that why

269is that the date that is selected and if there's somewhere I read there was like a 90-day time frame so when does that start >> so when the Prop 2 passed it was in November of 2024 >> okay >> that the state issued so that was the regulation that any applications that are submitted after October 31 2024 will be eligible for state matching grants. So you cannot go back 10 years and for the modernization you have done and retrospectively apply for those matching funds. So these are any projects that are done after October 31st 2024. >> So this is roll call isn't it >> Logan? Yes. >> Member Morgan. >> Member Kelly. >> Yes. >> Member Maleski. >> Yes. >> President Perry. >> Yes. >> Thank you. >> Okay. Consent calendar action. Approval of consent

270calendar item C through Q. Does any board member have questions on any item within the consent calendar that does not require the item to be pulled to be voted on separately? Does any board member wish to pull any items within the consent calendar for discussion and to be voted on separately? Member Melchesky, are there any speaker cards for those wishing to comment on the consent calendar? >> No. >> Okay. May I have a motion to approve consent calendar items C through Q? >> I can >> I have a question. >> Any Okay. Any discussion? You can Good. On item Q, um Chad, I think maybe you can answer this. The ratification of agreement with Coast Film Festival and Flow, is this not to exceed 5,000, is this 5,000 needed to cover a difference in what

271we expected it to be, or is this just an all-encompassing program cost? >> This is all-encompassing. >> So, is the 5,000 enough? >> Yes. Yeah, this is >> Or is there more that we could do if we funded it broader? No, this is just part of the the partnership that we set up with them and what they asked for to help facilitate the coordination back and forth >> for what we did this year. So, if we want to do more next year, we we should consider asking for more. >> We may or not we're should approve more. >> Yeah, we may they come we've we discussed that typically like you know as the months lead up to like what are the potential costs that they need for our students to those educational programs and then

272they come back in this case it was $5,000. >> Okay, great. because I would support more. I would me too. That's Yeah. Logan. >> Yes. >> All in favor? >> I Okay. Um item 12, board self-reflection. Before we move on, we'll just take a few minutes to reflect on how we work together tonight. This is not for debate or discussion, just brief reflections to help us improve our teamwork and meeting effectiveness. For ground rules, there will be no naming or responding to other trustees. Reflect on the board as a whole and your own actions. Also, please focus on the process, not personalities or decisions. Each trustee has up to 30 seconds to respond. Um, so our prompt tonight is, "What's one thing we did well as a board tonight?" 30 seconds. >> We finished the

273agenda. >> Thank you. >> We got out in under six hours, did we? >> No. >> Okay, I take that back. Logan, >> we we got to introduce an amazing new alternate to the to the board tonight >> and I'm really glad he's here. Yes, >> board member Morgan speak. >> I thought we did a good job of asking a lot of questions on the insurance program and um upholding our responsibility for oversight and accountability. >> President Perry, I think Keon wanted to speak to Keon. H um I think everyone did a great job in you know basically constructive criticism you know without debate we cannot progress and so I believe you know every comment whether people view it as positive or negative it um it contributes to progressing forward as a committee and I

274think it's great so thank you everybody Thank you. I I think we did a good job listening to each other even if we didn't agree. Um so now >> public comment >> comments. Public comments. >> We can we can have those now. >> Okay. Uh Lauren, is she still here? >> Okay. Lesley's Lesie Elliott for Lauren Jeb Brown. So Lauren or Lesie then Ketta then Michelle Foster. Okay, so this is Lauren. Uh first I want to thank our board members for your service, a role important in making sure our schools function at the highest level to support children, families, employees, and the community. That said, as each of you reflect on your contributions on the board, I'd like to state that our board is not functioning as effective as it should be. I want to

275acknowledge Jim and Joan for the wisdom and steadiness you bring from your experience as educators, and thank you both for the patience and professionalism you have shown. Thank you also to D for your experience as both a teacher and a longtime board member and especially for stepping into your new responsibilities with commitment and growth. Howard, your conduct as a board member has been deeply concerning. A position that should be based on collaboration and problem solving has instead become one of constant criticism and fault-f finding. Rather than helping to build solutions, you revisit past issues and make unfounded allegations against dedicated people who are working hard to serve our schools. You brought personal grievance into a role that should be focused on progress. Two examples illustrate this pattern. First, after the auditor identified legitimate issues related

276to the insurance matter, the constructive approach would have been to identify what went wrong and chart a plan for improvement. Instead, by the next morning, you'd circulated a document recasting the problem as a conspiracy theory involving a former board member in the union, an accusation entirely unsupported by evidence. Second, that ad he placed you placed private an advertisement in the indie claiming new schoolboard goals and referencing unprecedented community outreach and new government's transparency standards. In it, you named yourself as a spokesperson for the school board. This was misleading as you hold no such authority and the ad appeared designed in a way to confuse readers. In fact, Howard, your leadership approach has not reflected leadership at all. Instead, it's contributed to an atmosphere of division and avoidance. As long as you stay on the board,

277I have little hope of moving forward. Our community deserves a board that models cooperation, trust, and respect, qualities essential to effective governance governance. And I'd like to add my own. I'd like to add that I appreciated tonight's factual presentation on the insurance issue and the thoughtful ideas offered for resolving it. Even more, I'm grateful to know that when I wake up tomorrow, there won't be another baseless conspiracy theory targeting the next person on Howard's grievance list. Thank you. A couple of you may want to broaden your scope and instead of reflecting on your behavior at just this meeting, take stock of your entire history of meetings and see how that goes. Sherry, I'm a taxpayer with no students in the district and your use of chat GPT to formulate questions to sound audit is not

278just annoying but pointless. All you managed to do is waste hours of everyone's time while adding nothing to the conversation. Perhaps you could take some of your time and privately ask the questions that may get you up to speed on our district operations. Howard, your conduct over these past months has been nothing short of unhinged. The constant pontificating, bullying, and hounding of your fellow board members should not be tolerated. In addition, your thirst for power is an embarrassment. Your ed code fig leaf will only go so far before you are exposed as a hubistic nobody. Going rogue with the Indiad and your totally inappropriate emails to staff and your followers is beyond the pale. Your toxicity has no place in this district. Please resign. >> Michelle Foster. >> God. [Music] >> Hi, Mr. Danforth. I

279want to introduce myself to you. I'm Michelle Foster. I'm the health teacher at the high school. I was worried about, you know, the superintendent getting enough time with him, but I feel like I need to spend more time with you since you seem to be the one making all the decisions around here, which is really frustrating as a teacher. Sorry, no offense to you. I'm just saying everything keeps going back to him. You guys are the board. You should be running the show and the superintendent, not a lawyer. So, it's it's hard to watch. Trust me, this evening um has been extremely frustrating. First of all, as a teacher, to have to wait till the end of the night to make public comments is ridiculous. I'm exhausted. I've been up since 4:00 a.m. Thank you,

280boys, for mentioning us and and representing us. We really appreciate that. Um, but I have to get up and teach kids tomorrow and this is not fair. So, I ask you for the December meeting to move it and continue to keep teachers in the forefront so we can perform for the students, which is what we're supposed to do. That being said, it looks like it's a Hower Hills theme night. I would do wish him well. I never, you know, wish harm on anyone. Um, but I've been teaching at the high school for 25 years, and it's pretty rare that I speak before the board about concerns. For the majority of my tenure, our district has been strong, and I've been proud to be part of such a familyoriented school environment where community and colleagues genuinely

281care about one another. Sadly, I'm here tonight because for close to a year now, I have witnessed the exact opposite of that cohesive unity from a certain member of this board. The toxic behavior of Howard Hills has become so egregious that I can no longer stay silent. This individual has used his position not to lead, but to bully. Instead of serving our schools, students, and staff, he has chosen to focus on a personal vendetta against former superintendent, previous boards, and a 20-year laundry list of people he wants to get back at. This childish behavior is wasting valuable time and energy that should be directed toward improving education in Hills has publicly insulted teachers, sent inappropriate emails to district staff, and has harassed our Laboufa and CSEA union representatives to the point where it's taking a

282real toll on their mental health. This is not leadership. This is intimidation. The people in the district office and across our district do not deserve this treatment. Do you really think a superintendent can function properly in this hostile environment? Rather than collaborating to solve problems, Hills points fingers, blames others, and fuels division. He has demanded that lawyers look into things at an astronomical expense rather than simply collaborating with the community and staff to do his job. Hills is a problem blamer, not a problem solver. The vast majority of our district staff have made it clear they have lost confidence in Hills and believe he should be recalled or stepped down. Our students and staff deserve leaders who listen, who respect others, and who put the district's mission above their own ego. There is no place

283on this board for narcissism, bullying, or personal vendettas. Board members Perry and Morgan. Oh man, I plead with you to stop standing behind this man like his little minions. You are better than this. Board member Perry. Honestly, as a former teacher, I cannot fathom how you can support a board member who harasses staff and does not acknowledge the value that teachers bring to this district. Board member Morgan, I have had your kids in my class. I've worked with you on a student inclusion campaign. You know what is important about our schools and what needs what we need to strive for. And his agenda is not it. Stop this craziness and let's go get the focus back to the students. Board members Kelly and Malchowski, I would like to thank you as would many of my

284colleagues if they could be here at this ridiculous hour to present something to you. And I really appreciate that you two are doing the best to keep this ship afloat. We cannot thank you two enough. Appreciate your time. Thank you. just going to jump on the same bandwagon here and and echo the sentiments about the dysfunction that we're facing and that it's not shared equally amongst all of the trustees. Obviously, it's overwhelmingly driven by a sustained and documented behavior by trustee hills towards staff and now towards our new superintendent. The CPR released released emails, including those improperly sent from his personal email to conduct board business, show hostility, false accusations, and deliberate attempts to evade transparency. This pattern plays out publicly as well, including his misleading and inflammatory ad in the Lagouna Beach Independent that

285misrepresented facts and disparaged district staff, violated board policies and bylaws. This con this kind of conduct has real consequences. The district is now forced to have an attorney at every board meeting in order to correct member Hill's consistent incorrect reading of the law. Not this is actually what increases legal fees. Member Morgan. Most concerning is that a mere four and a half months into his job, Dr. Glass is at the receiving end of this abuse and spends so much of his time managing disruption, responding to relentless emails, and navigating conflict. This is not what he was hired to do. He was hired to further propel this district forward with all of its resources, community support, and all of our student potential. I also want to speak directly to something that relates to some to a

286discussion I had with Trustee Morgan. The one time she agreed to meet with me soon after she was elected. We discussed how once you crossed over from over here onto the dis. Your job went from being a community watchdog to a public servant with the duty to further student success and to support the staff who serve them. And so I offer that reminder to all of you. You are not the watchd dogss anymore. Let let us do that. You are public officials called upon to serve students. What we should be doing is discussing how to prepare students for a future shaped by AI, automation, and global competition. Instead, meeting after meeting, we are pulled into distractions, grievances, and personal conflicts that serve no students in this district. What we are suffering is not sustainable. And

287if Mr. Hills's behavior continues for three more years, the real costs will be borne by our students. We'll lose teachers and staff. will continue to lose administrators and we'll lose progress during one of the most consequential educational eras in modern history. >> That's it. I just have uh non agenda items. >> Okay. Thank you. So you don't have any more cards? >> Just for non-aggenda public comment on agenda items. >> Okay. Let let's move to that now. >> Okay. So we have two more comments on public comments for non-aggenda items. Michelle Foster and Shaheen. >> You're good. >> And the last agenda item. >> I'm back. >> Um, this comment is directed to you, President Perry. Last week, I publicly commended you for working to restore structure and dignity and professionalism to these meetings. And

288I did mean that sincerely. Leadership deserves recognition. But leadership also requires accountability. And tonight I need to offer you some constructive criticism by moving general po general public comment to the very end of this meeting. After hours of presentations, knowing that our meetings last five plus hours, after votes and governance discussions and questions, you effectively silenced members of the public who can't stay until the end of these late night meetings. Working families, caregivers, students, and teachers. This decision undermines the spirit of the Brown Act, which protects accessible, meaningful public participation, and the community recognizes the timing of this shift. It appears to many in the public that the comment was placed at the end to shield Trustee Hills from hearing directly and publicly the consequences of his most recent conduct, the ad, and these emails

289that came out. And this is not what leadership looks like. When a public official behaves inappropriately, the community has the right to address their serious missteps and that public official should have to face the public for which he serves. When we delay or diminish public participation, it's not that we are simply inconveniencing adults. It's more importantly and actually heartbreakingly that we are compromising the voice of the people who rely on us to protect them and that is our children. These governance decisions impact the most vulnerable populations we serve, and that's the students. And every minute we spend bending processes to protect grown-ups from public scrutiny and accountability is a minute we take away from the work that actually improves children's lives. So, President Perry, you have the capacity to lead with fairness and integrity, and

290I've watched you do that. And I'm urging you to restore public comment to its rightful place at the beginning of the meetings as best practice and public fairness demand so that every family in Laguna Beach can participate without needing to rearrange their lives. Thanks. >> Thank you. Um our next regular meeting is December 11th, 2025. Um adjournment. Can we >> Move and second. Second. >> Thank you. All in favor? Five.