Public Hearing for the Warrant for the Special Meeting

Budget Committee Agenda

July 24, 2008

Monadnock Middle/High School, Swanzey, NH

Members present: Neil Moriarty, Norm Dion, James Ells, Jen Gomarlo, David Ott, Wayne Lechlider, George Tremblay, Mike Morrison, Lynn Russ, Toni Ellsworth, John Tommila, Peg Richmond and Robert Smith. Absent: Peter Stuhlsatz and K. Stark.

Administrators Present: K. Dassau, Superintendent, Tom O’Connor, Assistant Business Manager and Laura Aivaliotis, Recording Secretary.

1. Public Hearing call to order at 7:00 p.m.:

1. Public Hearing on the Warrant for Special Meeting: N. Moriarty asked for a point of order. He asked for the authority of this meeting. W. Lechlider explained that it was authorized under RSA 197. N. Moriarty asked why. K. Dassau explained that there is a question about the date and times on the decree. He has been advised by the District Attorney to move forward and that the Judge should be ruling soon. Moving ahead was necessary in order to meet the September date directed by the Judge. N. Moriarty commented that the dates do not match the decree from Judge Tucker. He asked why it was changed and who did the changing. K. Dassau explained that, in order to meet the Senate Bill 2 regulations, the district needed to move ahead with this meeting to meet the timeline for the September 9, 2008 vote. It was commented that this meeting was suppose to be 25 days prior to the August 9, 2008 meeting. K. Dassau explained that it came from the authority of Judge Tucker. W. Lechlider, J. Ells and G. Tremblay read the warrant article. N. Moriarty commented that the Budget Committee did not approve the warrant. W.Lechlider commented that the Budget Committee supported the appropriation in Gilsum. N. Moriarty said that he did not receive this warrant. The warrant was not given out until the outcome of this Public Hearing.

2. Public Comments on the Warrant for Special Meeting: R. Bauries made his comments as a member of the Monadnock Taxpayers Association. He said that they have filed a motion to reconsider. He said that he regarded the meeting tonight as illegal. He commented on the fact that at 3:50 p.m. Attorney Apple had not filed a motion for clarification. He said that the warrant was wrong and questioned the right to change the decree. He said that, if the Budget Committee and the School Board voted on this warrant, the members have been warned that it is illegal. He indicated that the bodies should wait until the motion of clarification had been addressed. R. Smith arrives. R. Bauries commented that the contract is “nothing but pork” - loaded for the 4^th year. He also spoke against the Evergreen Clause and longevity. He cntended that the vote was currently being pursued to get it through before the decision regarding the Town of Sullivan’s action on the Evergreen Clause.

D. Kaufman asked questions and K. Dassau answered. K. Dassau explained that we are following a judgment of the court. The Judge wanted a meeting on September 9, 2008. The district needed to follow his direction. K. Dassau explained that there were two significant changes in the proposed contract. The elimination of the Evergreen Clause and Early Retirement. He explained that teachers had not had an increase since 2004-2005. K. Dassau indicated that there may not be an increase to the taxpayers due to the insurance savings. J.Fortson explained in detail. N. Moriarty commented that taxes would not increase in 2008-2009, but they would in 2010.

Dr. Kaplan commented that the Budget committee voted to support the appropriation. He said that he was not sure it was illegal. He commented on the Judge’s assertion about the procedure and timeline. We need to be careful, he indicated. He said that the contract was a good one. The teachers gave up the Evergreen Clause. Early Retirement would be eliminated in a year. N. Moriarty said that the Early Retirement and the Evergreen Clause were not gone. Dr. Kaplan commented that the District had lost a lot of teachers due to the contract not passing. He said that the issues with the contract have been resolved and emphasized the need to pass the contract.

D. Connell spoke about the Evergreen Clause. He said that it and Early Retirement were still present in the contract. These were the reasons the teachers did not have a contract. The Union Leaders were holding it up. The teachers needed to change their leadership.

K. Goodenough commented that the School Board and the Budget Committee agreed on the contract in March and said it was fair. Where is the problem now?

P. Bauries directed questions to W. Lechlider that she spoke earlier in the day to him about. He said that there were 18 teachers on Early Retirement. There were 101 teachers that qualify for longevity. The longevity cost for each of the 4 years is $100,000.00, $200,000.00, $250,000.00 and $250,000.00. J. Fortson explained that the buyout for the insurance had increased for $1000.00 to $2500.00. P. Bauries explained that the Early Retirement would not end in one year, but in 2016.

G. White commented that this contract had been three years in the works. He said that the teachers had yielded a great deal. He explained that the current contract would stay in effect if the proposed contract did not pass and the Early Retirement would continue. The teacher share of health insurance would be only 10% and the Evergreen Clause would continue. The School Board supported the Special Meeting and the Judge agreed. He hoped that the Budget Committee could also agree. The teachers deserve this contract, her emphasized.

J. Carnie commented about the legality of the meeting. He said that K. Dassau had commented at this meeting that there were problems, but they would move ahead. W. Lechlider explained that he was complying with RSA 197:2. He explained that after speaking to council the district was reassured that to move on was what the Judge expected to happen. W. Lechlider explained that he did not have a copy of the motion to clarify. J. Carnie commented that the motion was not filed today. He said that, if it was filed today, the Judge might have canceled this meeting. The Budget Committee was not in compliance with the law. The ruling stated a date of September 9, 2008 at 7:30 p.m. at Monadnock Regional High School. He questioned the correctness of the meeting, since he believed it changed the Judge’s decree and made the meeting illegal. We are making the problems 10 times worse, he said. He asserted that the School Board and the Budget Committee needed to comply with the law, according to RSA, not an opinion.

J. Ells commented that he would rather put faith in the Superintendent and the Attorney. He would be voting “yes” on the warrant. Some of the people that commented had no backup for their opinions. They never vote for the contract.

B. Pickering commented that the Judge considered the children of the District and granted the Special Meeting. He recognized an emergency. We should do what is right for the kids.

Delta Pymm commented that the Judge said it was an emergency. She asked how many more teachers the district would be losing.

J. Fortson explained that the words “cash out” should be “opt out” as the Board had approved.

MOTION: N. Moriarty MOVED to close the Public Hearing. SECOND: R. Smith. VOTE: 13.833/0/0/2.167. Motion passes. Public Hearing Closed.

3. Budget Committee Meeting:

1. Approval of the June 24, 2008 Minutes: MOTION: N. Moriarty. MOVED to accept the June 24, 2008 Budget Committee Meeting Minutes. SECOND: G. Tremblay. DISCUSSION: N. Dion was not present and P. Richmond and T. Ellsworth are on the new subcommittee. VOTE: 11.523/0/2.310/2.167. Motion passes.

2. Warrant For Special Meeting: N.Moriarty questioned the statement that the Budget Committee supported the warrant. W. Lechlider commented that the Budget Committee supported the contract, but not the warrant until a vote. N. Moriarty commented that there was no urgency and to wait for the clarification before taking a vote. MOTION: N. Moriarty MOVED that the Budget committee not vote on this Warrant Article until a decision from the Judge regarding this Public Hearing. SECOND: N. Dion. DISCUSSION: J. Ells said that he supported the vote. W. Lechlider commented that the warrant needed to be posted the next day. J. Tommila asked if there was any reason not to move the date. W.Lechlider commented that the Committee was speculating. T.Ellsworth commented that the Budget committee was acting in good faith to move ahead. P. Richmond asked if in the worst case the Budget Committee Members would get fired. The Judge would say “no” and the committee would reconvene. N. Dion commented that the Committee should not vote tonight. W. Lechlider commented that the court said September 9, 2008. N. Dion said that it should be November 9, 2008. N. Moriarty commented that there were a number of assumptions. September 9, 2008 - is that date for the first meeting, not for the voting? How can the district change the Judge’s decision? VOTE: 3.480/10.353/0/2.167. Motion fails. MOTION: R. Smith MOVED to amend the wording on the proposed contract and to change the words “cash out” to “opt out”. VOTE: 12.595/0/1.238/2.167. Motion passes. MOTION: R. Smith MOVED to move forward with the Special Warrant Article as amended by R. Smith. SECOND: J. Ells. DISCUSSION: N.Moriarty asked that the teachers sign a memorandum of understanding concerning the Evergreen Clause. J. Tommila would support the contract, but had a difficulty with the legalities of this meeting. He did not agree that the vote on the contract constituted an emergency. He commented that he felt that Attorney Apple had hurt this District. He said the vote should occur at the March Meeting. J. Ells believed that Judge Tucker chose September 9 because of the primary. He said that we should move ahead. It is a good contract. VOTE: 10.353/0/3.480/2.167. (N. Moriarty abstained from voting). Motion passes. The Warrant was passed around for the Budget Committee to sign.

3. Other Items:

4. Superintendent’s Report: K. Dassau commented that he appreciated the support of the Budget Committee on behalf of the staff and administration.

5. Chairman’s Comments: W. Lechlider thanked the members present. He said that this would move the District ahead.

6. Motion to adjourn: MOTION: J.Ells. MOVED to adjourn the meeting at 9:15 PM. SECOND: R. Smith. Motion passes.

Respectfully submitted,

Laura L. Aivaliotis

MRSD Recording secretary