HINTON COMMUNITY SCHOOL BOARD OF DIRECTORS MEETING

REGULAR MEETING - MONDAY, June 14, 1999

7:00 A.M. - BOARD ROOM

 

The Board of Directors of the Hinton Community School met in regular session, Monday, June 14, 1999 in the Board Room. Members Howe, Hardersen, Rodgers, Bogue and Dittmer responded "aye" to the roll call. Principal Hart, Jo Jurgensmeier, Doris Mack, Peg Larsen, Eileen and Dennis Sohl, Janna Burchard, Craig Gerow, Janet Held and Tony Stoik were also present.

It was moved by Bogue to approve the minutes of the May 12, 13, 19 and 21, 1999 board meetings. Second was by Hardersen and the motion carried unanimously.

It was moved by Hardersen to approve the list of bills, in the amount of $173,115.06, for payment. Second was by Howe and the motion carried unanimously.

It was moved by Hardersen to approve the monthly Activity, Lunch, General and Schoolhouse Fund Financial Reports. Second was by Howe and the motion carried unanimously.

Mr. Stoik requested the board go into closed session to negotiate the proposal between

The Board of Directors of the Hinton Community School District and Gerald Scott. It was moved by Bogue to adjourn to closed session for this purpose. Second was by Dittmer and the roll call vote was as follows:

Howe - nay Rodgers - aye

Hardersen - nay Bogue - aye

Dittmer - aye

Motion died with less than 2/3's majority in favor of closed session.

Mr. Stoik presented the board with a copy of a Mutual Agreement between the Board of Directors and Gerald Scott in Mr. Scott's termination. He also, requested the board to formally authorize the Klass Law Firm to notify Mr. Scott's attorney and get the agreement executed.

Director Howe asked Mr. Stoik if he had any documentation or substantiated evidence of the 5 charges brought against Mr. Scott by three of the board members. Mr. Stoik replied he had none.

It was moved by Bogue to accept the Agreement and Mutual Release ("Agreement") entered into between the Board of Directors of the Hinton Community School District ("the Board"), located at Hinton, County of Plymouth, State of Iowa, and Gerald D. Scott ("Scott"). The parties agree as follows:

  1. Scott will tender his written resignation from his position as Superintendent effective as of June 30, 1999, except for the revocation provision provided for in Paragraph 12 of this Agreement. Scott's last day of service as Superintendent will be on June 4, 1999, the remaining portion of his contract represents his accrued annual leave, and he will be paid through the end of the term of the July, 1998 - June 30, 1999 contract dated July 1, 1998.
  2.  

  3. Scott will tender his written resignation from his position as Elementary School Principal effective June 5, 1999, except for the revocation provision provided for in Paragraph 12 of this Agreement. Scott's last day of service as Elementary School Principal will be on June 4, 1999, and he will receive full compensation through the term of the contract, as provided for in the August 3, 1998 - June 4, 1999 contract dated July 1, 1998.
  4. Once this Agreement is final, Scott agrees to secure the dismissal, with prejudice, of any proceeding, action or complaint, if any, that he has filed or commenced against the Board or the Hinton Community School District or any of the other Released Parties with respect to any matter involving Scott's employment with the Hinton Community School District, Scott's termination of employment with the School District, or any other matter that is the subject of the release given below, including but not limited to, the withdrawal of his request for a hearing before the Board of Educational Examiners. Except for any breach of this Agreement, Scott agrees not to file or commence any action or proceeding against the Board or Hinton Community School District or any of the other Released Parties with any local, state or federal agency or in state or federal court with respect to any matter involving Scott's employment with the Hinton Community School District, the termination of Scott's employment with Hinton Community School District, or any other matter that is the subject of the release given in Paragraph 8 below.
  5. In consideration for all the promises and performance by Scott in this Agreement, the

Board shall provide the following to Scott:

. a. payment to Scott's regular Tax Sheltered Annuity of $10,322 for July 1, 1999 -

June 30, 2000; and

  1. payment of $39,668.00 cash. One-half of this sum shall be paid to Scott when this Agreement becomes final; that is, on the eighth day following Scott's signature on this agreement. The second one-half shall be paid to Scott on January 4, 2000.
  1. All inquires of the Board, administrators, and central office personnel regarding Scott's employment at Hinton Community School District shall be referred to current Board members David Howe and/or Larry Hardersen only for response, Howe, Hardersen and Scott will use good faith efforts to develop a mutually agreeable list of positive accomplishments experience by the Hinton Community School District through the efforts of Scott during his employment by the Hinton Community School District as a basis for that response, provided, however, the inability of the parties to agree to any of the contents of any such list shall not affect the finality or enforceability of this Agreement and the release contained herein.
  2. The parties to this Agreement will continue to perform their respective obligations under Scott's employment contracts and Board policies through the respective terms of those contracts. Without limiting the generality of the foregoing, the Board shall, in accordance with the terms of the respective employment agreements and Board policy, reimburse Scott for any out of pocket expenses incurred by Scott in the performance of his duties on or before June 4, 1999. Scott shall submit any claim therefore on or before July 1, 1999. No other expenses shall be reimbursed.
  3. The Board will not contest any application for unemployment benefits.
  4.  

  5. In further consideration for the above and to assure that the above payments and benefits resolve any and all expectations and claims of Scott with regard to said positions and separation therefrom, Scott for himself, his heirs, successors, and assigns, forever releases, discharges, and indemnifies, and holds harmless the Hinton Community School District, the Board, Michelle Rodgers, Judy Bogue, Barry Dittmer, David Howe, Larry Hardersen, and the District's officers, employees, or agents, from any and all actions, contracts, agreements, claims, causes of action, damages, or other losses, whether known or unknown, and whether or not the subject of this Agreement, upon or by reason of any action or conduct of any nature that arose prior to June 14, 1999 which Scott now has or may hereafter acquire against any or all of the parities released above, jointly and/or severally, including, but not limited to, any claim or cause of action arising out of employment as Principal and Superintendent, or the termination of Scott's employment, or the resignation from Scott's employment, or for employment discrimination, wrongful discharge, breach of contract, intentional or negligent infliction of emotional distress, or which arise under any regulatory, statutory or common law of the United States or any state or municipality thereof, and including any claim for attorneys' fees or other supplemental relief incident thereto. This release specifically includes, but not limited to, any and all claims under Title VII of the Civil Rights Act of 1994, as emended, the Age Discrimination Act of 1967, as amended, The Americans with Disabilities Act of 1993, the Older Workers' Benefit Protection Act of 1990, and any similar federal, state, or local statute, ordinance, regulation, or case law, provided, however, that nothing contained in the paragraph 8 or elsewhere in this Agreement shall operate as a release, discharge or agreement to indemnify and hold harmless with respect to claims against Rodgers, Bogue, Dittmer, Howe and Hardersen that are based on their criminal acts.
  6. In further consideration for the above and to assure that the above benefits resolve any and all expectations and claims of the Board with regard to Scott's employment and separation therefrom, the Board for itself, successors, and assigns, forever releases, discharges, indemnifies, and holds harmless Scott, his heirs, successors, and assigns, or agents, from any and all actions, contracts, agreements, claims, causes of action, damages, or other losses, whether known or unknown, and whether or not the subject of this Agreement, upon or by reason of any action or conduct of any nature that arose prior to June 14, 1999 his date which the Board now has or may hereafter acquire against any or all of the parties released above, jointly and/or severally, provided, however, that nothing contained in this paragraph 9 or elsewhere in this Agreement shall operate as a release, discharge or agreement to indemnify and hold harmless with respect to claims against Scott that are based on his criminal acts or other intentional misconduct.
  7. Notwithstanding paragraphs 8 and 9, the parties expressly forever release, discharge and acquit each other from all claims based on defamation, libel, slander or disparaging comments where the alleged publication occurred before June 14, 1999.
  8. The Board agrees not to make any disparaging public statements about Scott, and will direct its individual members to not make any disparaging public statements about Scott. Scott agrees not to make any disparaging public statements about the Board, or the Hinton Community School District.
  9.  

  10. Scott acknowledges that:
  1. he has read this entire Agreement and understands its terms;
  2. that he has been advised of his right to consult with an attorney to review this Agreement and has been encouraged to do so;
  3. that he is not waiving any rights or claims that may arise after the date that this Agreement is executed;
  4. that he is receiving consideration beyond anything of value to which he is already entitled;
  5. that the amounts and terms set forth in this Paragraph are adequate and satisfactory in exchange for the release given in Paragraph 8 above and that the Board has no further obligation to Scott including, without limitation, any obligations under any bonus, long term incentive or other benefit or compensation plan, except as expressly provided in this Agreement
  6. that he is allowed twenty-one (21) days from the receipt of this Agreement in which to consider it, during which time the offer of this Agreement will not be withdrawn, that changes, whether material or immaterial, to this Agreement shall not restart the running of the twenty-one (21) day time period and that he may execute this Agreement prior to the end of the twenty-one (21) day time period, in which case twenty-one day time period shall be deemed to have expired.
  7. that he is competent to execute this Agreement and the release contained herein;
  8. that the only consideration is the remuneration and benefits referred to above and that no other promise or agreement has been made;
  9. that his agreement to execute this Agreement and release is for the sole purpose of settling the disputed claim involving his employment contract with the Hinton Community School District, and has not been obtained by any duress; and
  10. that he fully understands that this document is intended to be a complete and legally binding general release.
  1. The parties agree that Scott shall have a period of seven (7) days from the date of execution in which to revoke such execution, in which case this Agreement shall become null and void and neither party shall have any obligation under this Agreement, and the parties shall return to their respective positions existing prior to the execution of this Agreement, subject to all of the rights and obligations of either under any Board policy and under Chapter 279 of the Code of Iowa. This Agreement shall not become effective or enforceable prior to the expiration of such seven (7) day period. To be effective, the revocation must be in writing and returned to the Board within the seven (7) day period; if by mail, the revocation must be postmarked within the seven (7) day period properly addressed, and sent by certified mail, return receipt requested.
  2. The terms of this Agreement are separable so that if any term or provision is invalid or unenforceable, that term will be modified to make it valid or enforceable or deleted if incapable of being modified and the rest of this Agreement will remain in full force and effect.
  3. This Agreement shall not be amended except by written agreement signed by both parties.
  4.  

  5. This Agreement shall be construed an enforced in accordance with the lows of the State of Iowa.

Intending to be bound according to its terms, the parties have signed this Agreement as of June 14, 1999: Michelle Rodgers, President; M.J. Jurgensmeier, Secretary; Judy Bogue, Barry Dittmer, David Howe, Larry Hardersen.

Second was by Dittmer and the roll call vote was as follows:

Howe - nay Hardersen - nay

Rodgers - aye Bogue - aye

Dittmer - aye

Motion carried.

Director Howe requested the following information be made public: teacher's increase for the 1999-2000 school year will be 6.8%, to spend as they wish (annuity or insurance); administrative secretaries an increase of 10.2% to 41%, custodians an increase of 9.5% to 10%, and cooks a increase of 30.7% to 58.2%. The district will be spending $33,480 on increased benefits and the teachers will have less raise than anybody.

Insurance for a library aide and two classroom aides were discussed. A motion was made by Bogue to offer the same benefits to all classified personnel if they meet the standards set in the May 13, 1999 board meeting. No second. It was determined more information was needed before a decision was made.

It was determined by the Board of Education to advertise for bids for replacement and repair of the track with a polyurethane surface. Bids must be received by noon on Friday, July 16, 1999 and will be opened at the next regular board meeting on July 19, 1999

It was moved by Howe to accept the bid of $34,400, from Midwest Computer Systems, for 40 computers, also, any estimated cost of $55,000 to add a mini-hub and wiring to the elementary and middle school rooms. Second was by Dittmer and motion carried unanimously.

It was noted that an appeal by Dennis and Eileen Sohl had been made to the Department of Education for the board's decision of May 13, 1999. The board had voted not to have the district provide transportation for students taking Physics at North High School, but they would have to provide their own. A motion was made by Bogue to have the district provide their transportation since this is a required course. Second was by Dittmer and the roll call vote was as follows:

Howe - nay Hardersen - nay

Rodgers - aye Bogue - aye

Dittmer - aye

Motion carried. It was determined to have the new Superintendent, Al Steen, work out the details of how transportation would be provided.

 

It was moved by Howe to offer Kevin Hart, H.S. Principal, a three year contract, the same as all other staff, instead of the one year offered him at the May 13, 1999 board meeting. Second was by Hardersen and the roll call vote was as follows:

Howe - aye Hardersen - aye

Rodgers - nay Bogue - nay

Dittmer - nay

Motion died.

Director Howe presented the rest of the board with copies of the Hinton School Improvement Advisory Committee recommended goals for 1999-2000 school year.

It was moved by Howe to pay Kevin Hart a per diem for all the extra time he is spending, doing Elementary Principal and Superintendent duties. Second was by Hardersen and the motion carried unanimously.

Jo Jurgensmeier requested the board consider an increase in a raise comparable to what was given to the administrative secretaries at the May 13, 1999 board meeting. A motion was made by Howe to give Mrs. Jurgensmeier an increase of $3,600 for the 1999-2000 school year. Second was by Hardersen and the roll call vote was as follows:

Howe - aye Hardersen - aye

Rodgers - nay Bogue - nay

Dittmer - aye

Motion carried.

It was moved by Hardersen to accept the resignations as follows: Randy Ewing, as vocal music instructor; Tiffany Malcom, as junior high language arts teacher and junior high student council sponsor; and Loren Menke, as junior high volleyball coach. Second was by Bogue and the motion carried unanimously.

It was moved by Hardersen to approve the paint projects, submitted by Terry Dahlquist, for the summer. Second was by Howe and the motion carried unanimously.

It was moved by Dittmer to offer contracts to the following for the 1999-2000 school year: Mary Ruger, as Family and Consumer Science Instructor and high school student council sponsor; Travis DeWalt for high school language arts and head wrestling coach; Jennifer Drees, as junior high language arts and junior high student council; Katie Galvin, as assistant volleyball coach and Krista Nelson, as junior high volleyball coach. Second was by Hardersen and the motion carried unanimously.

A motion was made by Bogue to approve a bid from C. W. Suter to replace and repair thermostats and control valves that are not working for a cost of $3,680. Second was by Hardersen and the motion carried unanimously.

Duct work and temperature control on the 2nd floor, and air conditioning of the new kindergarten classroom was discussed.

 

 

It was moved by Hardersen to approve two open enrollment applications out of the district and one into the district for the 1999-2000 school year. Second was by Howe and the motion carried unanimously.

It was moved by Bogue to approve Terry Dahlquist's request of the district providing a van and gas to take nine students to Kansas City, MO, for a reward trip to Worlds of Fun for the Renaissance Committee. Second was by Dittmer and the motion carried unanimously.

First reading was given to Board Policy #5963 (WEB PUBLISHING)

It was moved by Howe to approve Board Policy #6625 (SEARCH & SEIZURE). Second was by Hardersen and the motion carried unanimously.

It was moved by Hardersen to advertise for the sale of Bus #83. Second was by Howe and the motion carried unanimously.

It was moved by Howe to approve a Resolution authorizing Application and Agreement to participate in the Iowa School Employee Benefits Association. Second was by Hardersen and the motion carried unanimously.

It was moved by Bogue to increase the cost for Driver's Education to $100.00. Second was by Hardersen and the motion carried unanimously.

It was moved by Bogue to increase the prices for the hot lunch as follows:

kindergarten - 6th grade - $1.10 7th grade - 12th grade - $1.15

Adult - $1.75 extra ala carte - $.75

All breakfasts will be $.80.

Second was by Hardersen and the motion carried unanimously.

A motion was made by Hardersen to eliminate the activity participation fee of $10.00. Second was by Bogue and the roll call vote was as follows:

Howe - nay Hardersen - aye

Rodgers - nay Bogue - aye

Dittmer - nay

Motion died.

It was moved by Hardersen to accept the proposal from King, Reinsch, Prosser & Co., L.L.P. for the June 30, 1999, 2000 & 2001 school audits. Second was by Howe and the motion carried unanimously.

It was determined by the board to approve Mr. Hart's request to advertise for an Elementary Principal if the terms in the "Agreement and Mutual Release" agreement between the Hinton Community School Board of Directors and Gerald Scott are met.

 

It was moved by Howe to grant Janna Burchard's (vocal & instrumental music instructor) request of changing her time of 1/2 to 3/4 time. Second was by Dittmer and the motion carried unanimously.

It was moved by Hardersen to direct Mr. Hart to hire a 6th grade teacher. Second was by Howe and the roll call vote was as follows:

Howe - aye Hardersen - aye

Rodgers - abstain Bogue - nay

Dittmer - aye

It was moved by Howe that the meeting be adjourned. Second was by Hardersen and the motion carried unanimously. The meeting adjourned at 9:45 A.M..

The next regular meeting of the Board of Directors of the Hinton Community School District will be Monday, July 19, 1999 at 7:00 A.M.

 

 

_________________________________ __________________________________

PRESIDENT, BOARD OF DIRECTORS SECRETARY, BOARD OF DIRECTORS