October 4, 2007

Minutes

In attendance: 

Kay O’Dwyer, Cynthia Canavan, John Sullivan, John McEnaney, Pam Wheaton Shorr, Cathy Vaucher, Emil Ronchi, Robert Sousa, Christopher Fauci   Not Present:  Nina Cullen-Hamzeh,   

Also in attendance, Dr. Albert F. Argenziano, Interim Managing Director

Location:  Community Room at the Marblehead Community Charter Public School, 17 Lime St, Marblehead MA 01945

The Chair, Ms Kay O’Dwyer opened the meeting at 7:10 P.M. She began by thanking Bob Erbetta for his service on the Board of Trustees and noted that his term had expired.  She also noted that Bob Sousa had been approved by the Department of Education.  She welcomed him, and read for him the Board Code of Ethics.

Decision:  Ms. Vaucher moved and Mr. Canavan seconded a motion to approve the minutes of the September 6 Regular Meeting of the Board of Trustees.

Yeas:  8 Nays: 0 Abstain 0 Mr. Fauci did not vote  Motion Passes

Decision:  Ms. Vaucher moved and Ms. Canavan seconded a motion to approve the minutes of the September 21 Special Meeting of the Board of Trustees.

Yeas:  7 Nays: 0 Abstain 1 Ms Shorr Abstained.  Mr. Fauci did not vote  Motion Passes

Decision:  Ms. Vaucher moved and Mr. Canavan seconded a motion to approve the minutes of the September 27 Special Meeting of the Board of Trustees.

Yeas:  7 Nays: 0 Abstain 0 Dr. Sullivan abstained.  Mr. Fauci did not vote   Motion Passes

Ms O’Dwyer noted that Ms Cullen Hamzeh, Interim Academic Director was not present, She recognized Mr. Fauci who informed the Board that Ms Cullen Hamzeh provided a written report which Mr. Fauci summarized and a copy of which is attached. 

Action Item:  All reports and material presented to the Board need to be provided to the Clerk in both hard and electronic copy.

Action Item:  The School is to follow up on ensuring that all parents are getting the online surveys that are being sent out.

Ms Shorr noted that she had concerns about the efficacy of the advertisements of the School to generate enrollment.  Mr. Ronchi followed up that the Board should be informed what specific advertising is being done so that we have a sense of what is going on.  .

Action Item:  Ms O’Dwyer will follow up with Ms Cullen Hamzeh and Dr. Argenziano to understand the School’s advertising effort and efficacy, and will report to the Board on the same.

Mr. Ronchi asked if there were any waitlists.  Mr. Fauci indicated that the 5^th grade had a wait list of seven.  Mr. Fauci also talked about the size of the 5^th grade class, and Ms Shorr noted that we need to be paying close attention the satisfaction of 5^th grade parents given the class size. 

Ms O’Dwyer recognized Dr. Argenziano, Interim Managing Director for his report.  Dr. Argenziano shared his report as well, which is attached.            

Ms Shorr expressed a concern that the ads we are using are too ‘soft sell’, and she suggested that advertising language needed to be more direct. 

Mr. Ronchi commended Dr. Argenziano for his work in working on staff liscensure, and commented that it was quite beneficial to the School.  Dr. Argenziano replied that the work done was the result of bringing in a professional who was capable of making a rapid assessment of needs and what steps need to be taken to address these needs. 

The Chair recognized Mr. Fauci to provide this month’s Classroom Commentaries, a summary of the activities at each grade level. Mr. Facui noted that this month’s report was a survey of faculty their impressions of the first month of the school year, a copy of the results which is attached. 

The Chair recognized Dr. Sullivan, Treasurer, to provide a Financial Committee update.  Mr. Sullivan shared his report, a copy of which is attached.  He then offered his view that the School is financially viable for the current academic year, but that we will face serious cash flow issues in the beginning of the next fiscal year if we do not take some preventative measures now.  He also reported that while it is true that the School has a current cash reserve of $470,000 it would be imprudent to spend the entire reserve and leave us with no cash.  He stated that cash on hand is an important factor for creditors who extend us credit for operations and or that hold the note on our facility.  He addressed questions from the Trustees about the state of the finances. 

Decision:  Dr. Sullivan moved and Mr. McEnaney seconded a motion for the Board to direct the Interim Managing Director and the Interim Academic Director to work together to develop a contingency budget that reflects $240,000 in reduced expenses, or revenue enhancements, for review by the Finance Committee no later than October 17, 2007, and review by the Board no later than November 1, 2007.  Further, the Board directs the Interim Managing Director and Interim Academic Director to work together to identify new revenue sources to reduce the impact of spending reductions.

Yeas:  8 Nays: 0 Abstain 0 Mr. Fauci did not vote  Motion Passes

Action Item:  The Board requests that the Interim Managing Director and Interim Academic Director include the School’s Business Manager in the contingency planning process.

Dr. Sullivan went on to update the Board that he was able to get the School’s Bank (Boston Private Bank) to agree to increase our interest rate from 2 ½% to 3 ½% on our holdings at the Bank October 1, 2007.  He said this gives us more favorable working capital terms.  He also indicated that the Bank is conducting an internal review to determine if the Bank can further increase the interest rate. 

The Chair recognized Ms Vaucher, Chair of the Governance Committee for her report. 

Prior to beginning her report, Ms Vaucher recounted an experience from her Governance Committee Meeting last night.  At approximately 7:30 PM, the bell to the front door rang, and Ms Vaucher assumed it was someone for the Governance Meeting.  She was surprised when she reached the door to greet a mother and her son coming to the School for a tour, and asking to see Ms Eileen Perry.  Ms Vaucher went on to commend Ms Perry, who had arranged the tour for her own personal hours so that she could introduce the School to another family.  Ms Perry took better than an hour giving the tour, and the result was by the end, the mother had enrolled her son here, to start today.  Ms Vaucher noted that Ms. Perry left the School at 8:30 PM.  Ms Vaucher thanked Ms Perry for her selfless dedication to the school, which was echoed by all the Trustees in attendance. 

Ms Vaucher then went on to note Mr. Fauci’s approval as a Trustee is still pending a written opinion from the State Ethics Commission detailing the restrictions on his service.  She went on to note that in his initial discussions with the State Ethics Commission, it was suggested to Mr Fauci that he would not be eligible to serve based on guidance the State Ethics Commission had received from the Department of Education (DoE).  Ms Vaucher informed the Board that she followed up directly with Ms Emily Lichtenstein, Governance Specialist at the Charter School Office of the DoE.  Ms Lichtenstein let Ms Vaucher know that there was no DoE prohibition on teachers serving as trustees, provided the get Ethics Commission guidance.  Ms Lichtenstein suggested that Ms Vaucher and Mr Fauci speak with the Ethic Commission again, and that she would join the call as well.  Ms Vaucher said that she will keep the Board updated on the progress of Mr. Fauci’s approval, and that she will have the Governance Committee look into creating a procedure for helping teacher Trustees secure Ethics Commission approval.  

Ms Vaucher continue by reminding the Trustees that the Governance Committee was asked by the Chair to develop a Public Comment Policy for Board review and approval and she introduced the draft policy (attached)

Decision:  Mr. McEnaney moved and Ms Vaucher seconded a motion to adopt the Public Comment Policy as amended as a Board of Trustees policy effective immediately.

Yeas:  8 Nays: 0 Abstain 0.  Mr. Fauci did not vote Motion Passes

Decision:  Mr. McEnaney moves and Ms Shorr to suspend the 30 day rule for consideration of this policy

Yeas:  8 Nays: 0 Abstain 0  Mr. Fauci did not vote Motion Passes

Discussion:  Ms Vaucher reported that she met with members of the Swampscott School Committee to seek their advice.  She stated that they pointed her to several policies of other School Committees, and she used a conglomeration of the policies to assemble the policy presented

The Chair recognized Ms Wheaton Shorr, Chair of the Personnel Committee for her report.  She reported that her committee developed a job description for the Interim Academic Director, but noted that it would really only work for the position as described this year.  She also noted that they developed several potential leadership models for the school that need long term consideration, both educationally and financially.  She noted that the Committee determined that we need to have a leadership model in mind by the end of November, 2007, and any determination of the leadership model need to include a public forum.  The public forum would need to be started by a mini presentation from the  Personnel Committee about the full range of duties that need to be performed. 

Action Item:  Ms Shorr will provide the Board a brief presentation at the October 11 Board Retreat Session on the duties performed by School Administration based on the work of the Personnel Committee.

The Chair recognized Mr. Emil Ronchi to talk about the Educational Foundation.  He reported that the foundation is currently Frank Murphy, Jeff Barry and Paul Taylor.  The Foundation is looking to add three to five Trustees, and that Mr. Ronchi has been nominated to serve as a Foundation Trustee.  The current Foundation balance is approximately $53,000 with outstanding earmarks of about $3,000 for technology, leaving approximately $50,000 available for distribution to the School.  This includes a generous unrestricted gift received early in the school year of $10,662.

The mission of the Foundation is being updated from a project basis and moving it to a pass through agency, where unrestricted donations will be passed directly through to the school administration for determination of the best use within the School.

There is a fundraising focus update of the Foundation.  They will be actively seeking lead donors willing to contribute sizeable contributions, and a lead donation of $10,000 has already been pledged.  Dr. Argenziano and Ms Cullen Hamzeh have made themselves available to speak to potential donors. 

The Foundation is requesting that each School Trustee provide the name of one person they can contact as a potential donor. Further, Mr. Ronchi ask if each Trustee would serve as a point of contact if potential donors reached out to the School.   

The Chair provided a brief update on the status of finalizing the contracts with the Interim Managing Director and the Interim Academic Director. 

She noted that for Dr. Argenziano has agreed to serve at $50/hour for up to twenty hours per week.   

Decision:  Mr. McEnaney moved and Dr Sullivan seconded a motion that the Board approves the terms of the contract being offered to Dr. Argenziano as effective August 27, 2007. 

The chair called a recess for 15 minutes at 9:23 to provide Trustees an opportunity to review the contract prior to the vote.   

The Chair called the meeting back to order at 9:44

Yeas:  8 Nays: 0 Abstain: Mr. Fauci did not vote  Motion Passes

Ms O’Dwyer provided an update on the negotiations with the Interim Academic Director and noted that negotiations are ongoing.  She has provided Ms Cullen Hamzeh a copy of the contract as approved by School counsel for Ms Cullen Hamzeh’s review.  She further noted that she anticipated completing the contract and distributed to Trustees for review prior to our meeting on October 11, 2007.  Mr. Ronchi requested that we consider limiting the time to discuss this contract at the October 11, 2007 meeting so that it does not detract from the purpose of the retreat. 

Ms Canavan noted for the record that the Interim Academic Director’s contract may be disseminated prior to the meeting it be clearly noted on the document that will be an agenda item, and that it be clear that there be no deliberations between members either via email, phone, or in person. 

Ms O’Dwyer recognized Mr. McEnaney to discuss the Community Relations Committee.  He reopened his previous motion to create this committee, which had been initially proposed at the September 6 meeting.

Decision:  Mr. McEnaney moved and Ms Canavan seconded a motion that the Board of Trustees create a committee of the Board under Article VI, Section 1 of the By Laws to be called the Community Relations Committee.  The Community Relations Committee shall prepare reports to be submitted and presented by its chair, or a representative designated by its chair, to the Board at each regularly scheduled Board meeting, or as may be required by the Board at special and/or emergency meetings. The reports shall inform the Board of work done by the Committee, what it is working on, the time frame for completion of remaining work, and of any other matters that are within its jurisdiction.

The duties of the Community Relations Committee shall include but not be limited to the following:

(a)   Act as liaison between Board, faculty and staff, parents, volunteers, Towns served, and community at large to foster communications. 

(b)   Provide stakeholder, community, and public outreach avenues for the Board of Trustees including but not limited to Stakeholder forums, community meetings, and other public events and forums that promote the exchange of information and ideas and enhances the image of MCCPS;

(c)    Develop, foster, and oversee community and public/private partnerships on behalf of the Board of Trustee, including identifying potential partners, introducing them to our School, and identifying mutually beneficial ways to create a partnership;

(d)   Work with the School administration and the Parent Teacher Organization to create, deliver, and distribute a variety of public relations material designed to enhance the public image of MCCPS;

(e)   In conjunction with the Governance Committee, periodically review and recommend changed to the process for addressing grievances by any party;

(f)     Annually submit objectives as part of the planning process;

(g)   Annually evaluate its work as a committee and the objectives it has committed itself to and report on same to the Board;

(h)   Report to the Board at each regular meeting in a manner determined by the Board; and

(i)     Develop necessary policies and procedures, which shall be approved by the Board, to accomplish these duties.

Discussion:  Mr. McEnaney reiterated his view that this Committee was needed to ensure a Board Level focus on engaging with the community in a variety of positive ways.  He reminded Trustees that the original Charter called for such a committee.  He went on to say that he has already spoken to several community members who have expressed interest in joining the committee, including two parents and one faculty member. 

Yeas:  8 Nays: 0 Abstain:   Mr. Fauci did not vote Motion Passes

Ms O’Dwyer called for New Business and she began by reminding the Board of our commitment to hold Stakeholder Meetings in the fall and spring.  She asked the Community Relations Committee to schedule a Stakeholders meeting in November.

Ms O’Dwyer noted that Dr. Argenziano has arranged for Mary Jo Hollander to visit the Board to provide training on Open Meeting Laws.  The dates available for our selection were October 21, November 8, and November 15, 2007.  Trustees selected November 8 2007 for this training and to post the meeting accordingly. 

Ms O’Dwyer asked which Trustees were interested in attending Charter School Boards Conference being held November 15, 2007 in Shrewsbury.  She is continuing to try to get the agenda from the conference hosts and will provide to the Board as soon as she can. 

 Action Item – Trustees to let Ms O’Dwyer know if plan to attend this Confernce so that she may register on our behalf appropriately.

Ms O’Dwyer noted that the Board traditionally hosts a Board Faculty Social in the fall of each year and that we need to identify a date and location for hosting this social this year. 

Action Item – Trustees are asked to think creatively about a date and a location for hosting this social this year

Decision:  Ms Shorr moved and Ms Canavan to permit public comment at this evening meeting prior to adjourning

Yeas:  8 Nays: 0 Abstain:   Mr. Fauci did not vote Motion

Ms. O’Dwyer opened the floor for Public Comment.  Several members of the public spoke on issues including MCAS scores, the Public Comment Policy, building trust within the community, and an individual Trustees presence at recent legal proceedings.   

After Public Comment, Mr. Ronchi noted that the Board should make and effort to host some a social celebration to recognize the number of Trustees that have left the Board after years of service. 

Ms Vaucher moved and Mr Ronchi seconded a motion to adjourn. 

Yeas:  8 Nays: 0  Motion Passes

The Chair adjourned the meeting at 10:35.

 

Respectfully Submitted

John T. McEnaney

Clerk

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Report of the Interim Academic Director, October 4, 2007

 

 

INSERT HERE

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Marblehead Community Charter Public School
	17 Lime Street Marblehead, MA   01945 Tel: (781) 631-0777   Fax: (781) 631-0500 marbleheadcharter.org

To: Board of Trustees

From: Dr. Albert F. Argenziano

I am writing to provide the highlights of my work for the month of September.  It does not include the day to day operations. The highlights are:

 *FY08 Budget assessment meetings internally and financial preparation for DOE site visit.

 

 *Twelve members of the teaching and administrative staff assisted with Licensing issues.  The President of the Massachusetts Association of Personnel Administrators was on site and will work with DOE on behalf of our twelve staff members. A copy of his report is attached.

 *Meetings with parents from Peabody to establish a recruitment plan to assist our school.

 *Finalized a draft copy of our Regionalization Plan.

 *Met with two local ministers in Lynn for purposes of developing a recruitment plan through their respective churches.

 *Former Danvers State Hospital has been purchased and presently being used for land development and the building of multi home sites.  Have visited site and dropped off recruitment flyers and contact information.
 
*Analysis of Staff/Student Climate is excellent. Our product is extremely saleable.

 *DOE Coordinated review recommendations have been completed and the school has received a clean bill of health.

 *Total  preparation for Site Visit.  They need to see stability, positive change and a  sound

educational  product.  Two issues of Governance and Leadership are presently our two major focal points.

*Seven members of a DOE audit team completed nine hours of work in the school.  Overall , we know what is left to be done and they did view first hand our excellent educational product. Stability, trust and integrity are slowly returning to our school.

*Words cannot describe the positive work ethic of our staff and students during the site visit.  This school is the best kept secret in Massachusetts.

*Set up a meeting with Endicott College and our staff to begin offering on campus degree granting courses which will solidify a quality Professional Development Program at our school.

These courses will be offered on half days, weekends, and during the summer.  This enhances our reputation and assist with recruitment of staff and students.  Neighboring schools and parents may sign up for the course offerings.

 *Researching aspects of fundraising efforts to offset loss in revenue for FY08.

*Spoke with Glenn Koocher, who is the Executive Director of Massachusetts Association of School Committees.  They do not work with Charter Schools, but have over a dozen school districts on their web site with their complete school committee policy manuals posted.  He assured me that we may use any and all policies on the web site and use them as ours if we so choose.

*Met with Jeff Barry and Mike Ruth and made the decision to have Mike drive a van to away games thus not renting a school bus and saving close to $1500.00

 As the first month of the 2007-2008 school year comes to a close, I am pleased to report that our school is stable, creditable and completely reliable.

 I thank you for the opportunity to serve this fine school.

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Dr. Albert F. Argenziano:

Before submitting my report to you, I decided to slowly read and study the Technical Advisory Report (07-01) a copy of which was given to you and each of the nine (9) staff members I met with.  I regret that I hadn’t done it sooner.  I obviously read it hastily.  Although it can be confusing, it does contain lots of information.  I urge you and Nina to also read it carefully.   The link is:   http://www.doe.mass.edu/charter/tech_advisory/07_1.html

This advisory, written by Commissioner Driscoll, was intended to clarify the requirements of NCLB (the Federal Law) and the Charter School Statute (State Law). 

NCLB requires that all public school teachers of core academic subjects be highly qualified. Core academic subjects are defined as English, reading/language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. In order to be considered highly qualified, non-charter public school teachers of core academic subjects must:

·        possess a bachelor's degree,

·        demonstrate subject matter competence in each of the core academic subjects they teach, and

·        possess an active and valid MA license to teach.

Teachers in Commonwealth Charter Schools must meet all of the same requirements, except that of licensure. The licensure component of the federal highly qualified definition is waived for Massachusetts Commonwealth charter school teachers because it is not a requirement of the state charter school statute and regulations (M.G.L. c.71,   89 (qq) and 603 CMR 1.07).

In summary charter school teachers are not required to be licensed.  Therefore waivers are not issued for Charter School Teachers.  However, they must possess a bachelor’s degree and demonstrate subject matter competence in each of the core subjects they teach. 

The Charter School Statue states that ‘no teacher shall be hired by a commonwealth charter school who is not certified pursuant to section 38G unless the teacher has successfully passed the state teacher test as required in said section 38G.’  This means all the MTEL tests required for the particular license. 

The federal standard for hiring highly qualified teachers has changed the way in which charter schools might choose to address the hiring of core academic subject teachers. The Massachusetts Charter School Regulations, Section 603 CMR 1.07, require all Commonwealth charter school teachers hired after August 10, 2000 to either: (1) take and pass, within the first year of employment, the two-part MTEL; or (2) be already certified (licensed) to teach in Massachusetts. However, unless the teacher holds a license issued after 1998, the state statutory allowance of the full first year of employment to pass the MTEL does not fully satisfy the additional federal requirement for teachers of core academic subjects to be designated as highly qualified by June 30, 2007. It is advised that teachers of core academic subjects, take and pass the relevant MTEL PreK-12 subject matter knowledge test(s) component prior to being hired for the subsequent school year.

A teacher receives the highly qualified designation from his/her charter school director in the form of a document, a copy of which must also be kept in the teacher's personnel file. Once a teacher is designated as highly qualified by passing the appropriate MTEL subject matter knowledge test, that portion of the two-part MTEL test is complete and does not need to be taken again to satisfy the state charter school statutory requirements. A teacher who is designated as highly qualified in the core academic subject(s) taught, continues to be highly qualified unless the teaching assignment and subjects taught changes.

In addition, although teachers hired by charter schools before August 10, 2000 are not required to meet the state charter school statutory requirements, all core academic teachers in charter schools must meet the federal highly qualified requirements.

What about Charter School teachers who are not considered core academic teachers?

Charter School Elementary teachers must also meet the requirements of the charter school statute and regulations. The statute and regulations require that all MTEL tests required for licensure be taken and passed within the first year of employment.

 Charter School Middle and Secondary teachers must still pass the following MTEL tests within one year of employment: the Communication and Literacy Skills test and the relevant subject matter knowledge test(s).

 Charter School SPED teachers must pass the state's two-part MTEL, which consists of the Communication and Literacy Skills test and the relevant subject matter knowledge test(s), within one year of employment. Since MCCPS instructional arrangements use SPED teachers as inclusion specialists, and since these SPED teachers do not provide the primary instruction in these classrooms, they would not have to meet the requirement of HQT for each core subject taught. 

Charter School teachers who do not teach a core academic subject (i.e., physical education, health, business, and instructional technology) do not have to meet the federal highly qualified requirements, but must continue to meet the requirements of the state charter school statute and regulations. This distinction allows these teachers, hired after August 10, 2000, to pass the appropriate two-part MTEL examinations within the first year of employment or to be already licensed to teach in Massachusetts.

 Below is a summary and action (in my opinion) that must be taken relative to DOE approval.  Since I don’t know each individual’s year of hire, it is difficult to ascertain if any rules have been violated.  Needless to say the actions I suggest would put them in compliance with NCLB.  Thank you for this opportunity. 

	Last name	First Name	Position	Action
	Bartlett	Katie	Inclusion Specialist	(a)
	Stonecipher	Timothy	Inclusion Specialist and Guidance	(b)
	Mcauliffe	Maria	Math/Science	(c)
	Sigler	James	Science	(c)
	Hartly	Gina	Wellness and Guidance	(a)
	Redmond	Ryan	Humanities	(c)
	O'Connor	Jed	SPED Director	(a)
	Cullen-Hamzah	Nina	Principal	(a)
	Ruth	Mike	P/E	(a)
(a)	Must take and pass MTEL
(b)	Has taken and passed MTEL
(c)	Must take and pass MTEL and Content

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Classroom Commentaries,  October 4, 2007

Presented to the MCCPS Board of Trustees by Mr Fauci

 

INSERT REPORT HERE

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October 4, 2007

 
Financial Report to the MCCPS Board of Trustees

John D. Sullivan, Ph.D.

Treasurer & Trustee

 Executive Summary

            The baseline budget for the 2007/2008 school year was forecasted and set with the expectation that 230 students would be attending in September 2007.  Revenue was forecasted to reach $2.325 million for the year with a surplus of $46.4 thousand.  Based on a full-capacity model of 230 students, personnel were accordingly maintained with appropriate staffing needs. 

             Despite the issues faced by the board throughout the spring of 2007, the budget was not revised to reflect the potential loss of students.  As of October 2, 2007, the school maintained a total of 192 students.

             A revised budget reflects revenue dropping to $1.905 million with an expense structure for full-capacity.  On an income statement basis, the school will reflect a loss of approximately $461 thousand. 

             Presently, MCCPS has approximately $477 thousand in cash on our balance sheet of which $50 thousand is foundation monies with some restrictions as to use. 

 Commentary

             On an income statement basis, the school can be maintained through the fiscal 2007/2008 year.  However, on a cash flow basis, the school will experience difficulty in the first quarter of the 2008/2009 academic year. 

             Our cash on the balance sheet is important to the school in two primary ways.  First, we use this cash to fund our expenses.  When these funds are exhausted, we dip into our line of credit.  That line of credit has a maximum ceiling of $350 thousand.  Second, by maintaining a cash balance with our banker, we receive better terms on our line of credit than if we had none. 

             If as a school we believe that we can increase enrollment to 230 for September 2008, we will need to maintain a minimum cash balance of approximately $232 thousand.  This assumes that the expenses for 2008/2009 match the full-capacity expenditures for the 2007/2008 school year. 

             Therefore, the maximum loss for 2007/2008 is $244 thousand.

             There is some good news here.  The problem the school has is time sensitive.  That is, if the problem is solved early, the less of an impact it will have on the school itself.  If this were discovered six months from now, the decisions would be far more difficult to make.

 Recommendation

             We need to find approximately $216 thousand in net savings or revenue in the budget to ensure financial viability for next year. 

             No line item expenditure should exceed its current budget.

 Current Action Taken

             The investment of our cash balance has been increased by 1% to 3.5% and ongoing negotiations are pushing for a higher interest rate.

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17 Lime Street, Marblehead, MA   01945

Tel: (781) 631-0777   Fax: (781) 631-0500

Visit us at: marbleheadcharter.org

 

MCCPS Policies & Procedures

 

Subject: Public Comment

Date voted on & accepted: October 4, 2007

Dates to review & revise:  February 7, 2008

Policy:  The MCCPS Board of Trustees meetings are conducted in accordance with the Massachusetts Open Meeting Law pursuant to M.G.L. Chapter 30A Section 11A 1/2.  In addition, the Board believes that the community should have an opportunity to comment to the Board on issues that affect the School and are within the scope of the Board’s responsibilities.

Public Comment is not a discussion, debate or dialogue between or among the community members and the Board of Trustees.  Rather, it is intended to offer community members an opportunity to express their opinions on issues of Board business.  Should the Chair believe that an issue or question falls outside the purview of the Board, he/she may request the speaker to direct their issue or question to the appropriate person or body so that the matter is given proper consideration.

The following process will govern Public Comment and participation at the meetings of the Board of Trustees.

 1.   Comments will be scheduled for 15 minutes of a Regular Board Meeting as defined in Article IV, Section 1 of the By-Laws, at the discretion of the Chair.  The agenda for the board meeting will specify the time during the meeting when public comment will occur.

2.    A sign-up sheet will be available for all individuals who wish to address topics on the agenda, items specified for public comment, or items within the scope of responsibility of the Board.   Only those individuals who have signed up will be permitted to address the Board.

3.  There will be a time limit of 3 minutes per person, which will be enforced by the Chair of the meeting.  If more than 5 people wish to speak, the Chair may at his/her discretion, further limit the time allotted for each speaker.

4. The Chair shall rule out of order any individual who fails to honor the above guidelines and/or who addresses a matter inappropriate for public comment or when requested by the Chair to be silent.
   

5. Under agenda category New Business, Trustees will identify issues and/or questions raised in Public Comment for consideration by the Board.

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CONTRACT OF INTERIM MANAGING DIRECTOR

 
            THE PARTIES INTEND THIS AGREEMENT made this _____ day of ____________, 2007, between the Marblehead Community Charter Public School (hereinafter MCCPS) and Dr. Albert F. Argenziano (The Interim Managing Director), to reflect the terms of the contractual agreement between said parties as understood and agreed upon.

                                                         TERMS OF CONTRACT

             MCCPS agrees to contract with Dr. Albert F. Argenziano, to act as the Interim Managing Director, and Dr. Albert F. Argenziano to accept the position pursuant to the terms and conditions contained herein;

             In consideration of the terms contained herein, the sufficiency of which is hereby acknowledged, the parties agree to the following: 

1.                       Contract Term:  MCCPS agrees to enter into a contract of hire with Dr. Albert F. Argenziano (hereinafter Dr. Argenziano) as the Interim Managing Director, for a term commencing on August 27, 2007 and continuing until such time as the Board determines MCCPS no longer needs or requires his services and/or until June 30, 2008, whichever occurs first (hereinafter called the “Contract Term”). 

2.                  Duties: Dr. Argenziano shall hold the position of Interim Managing Director of MCCPS and agrees to perform the duties normally incidental to that office, or as assigned to him and subject to the direction and control of the Board of Trustees of the School.  Furthermore, Dr. Argenziano as the Interim Managing Director shall undertake all necessary actions to uphold and support the Charter granted to MCCPS, specifically with reference to the details of the charter application upon which said Charter was granted, and the laws of the Commonwealth of Massachusetts as they apply to Charter Schools. 

3.                  Extent of Service: Dr. Argenziano as the Interim Managing Director shall devote a maximum of 20 hours a week to MCCPS with the possibility of additional hours as may be mutually agreed upon, giving his full attention, skills, and energy to the business of the School. 

In the event his attendance is required at MCCPS in excess of his agreed upon maximum number of hours on a particular date, or during a particular period of time, the authorized agents of the Board of Trustees shall provide him with at least 48 hours notice of MCCPS’s need for additional hours, with the understanding less notice may be provided in the event of an emergency. 

The duties of the Interim Managing Director shall include, but not be limited to the following: 

• Develop for Board review and approval a School Management Plan that describes the next generation management structure for MCCPS; 

• Provide and implement a plan for the improvement of community and public relations leading to credibility, reliability, and trust with all constituents, and advise the Board and others on recommendations with regard to their roles and responsibilities within that plan; 

• Develop and implement techniques for the immediate increase and stabilization of enrollment;

• Develop strategies and recommendations subject to Board approval for the long term increase and stabilization of enrollment; 

•   Develop strategies for public/private partnerships with the aim of generating additional community goodwill and revenue for MCCPS;

• Oversee the day to day financial affairs of  MCCPS within approved budget guidelines; 

• Review and report on the School’s compliance with appropriate DOE regulations, guidelines and other directives, and recommend corrective actions and/or better practices where appropriate;.

• Work with the Board of Trustees and the Interim Academic Director to ensure a quality opening to the 2007 -2008 school year, and on other issues as requested and/or as needed during the duration of this contract. 

4.                  Wage and Expenses:  During the “Contract Term”, MCCPS agrees to pay Dr. Argenziano, as the Interim Managing Director, a rate of $50 per hour.  Such wages shall be payable pursuant to the payroll policies of the School in effect during the term of this contract.  For each pay period Dr. Argenziano shall submit a time sheet reflecting the dates of service corresponding to specific projects he has worked on and the number of hours spent on each specific project, so his hours can be calculated and his pay check issued pursuant to the terms of this Agreement.  Dr. Argenziano shall not be paid for any vacations days, absences, or time off taken during the duration of this contract.  It is the understanding of the parties to this Agreement that the Interim Managing Director will only be paid for the actual hours worked on MCCPS designated business and at the agreed upon hourly rate.

 Any anticipated expenses to be incurred by the Interim Managing Director on behalf of MCCPS during the terms of this contract shall be submitted to the Board of Trustees in advance.  All requests for the reimbursement of expenses shall be itemized in writing with the date(s) corresponding to the expense(s) incurred and containing a full and complete explanation of the relationship of the nature of the business and expense(s) to MCCPS, with copies of any and all receipts attached.  Any and all anticipated and/or incurred expenses shall be subject to reimbursement at the discretion of a vote by the Board of Trustees.

 5.                  Termination of Agreement: 

 (a) Death: This Agreement shall automatically terminate if Dr. Argenziano as the Interim Managing Director dies during the term of this contract.  MCCPS shall pay to the estate of Dr. Argenziano any wages accrued and Board approved reimbursable expenses to the date of death.  After such payments are made, all of the School’s obligations and duties under this Agreement shall cease.

 (b) Termination for Cause: At any time during the “Contract Term”, MCCPS, upon 30 days written notice to Dr. Argenziano, may discharge him and terminate this Agreement recognizing the School’s obligation to pay to him only his accrued wages and Board approved reimbursable expenses.  For purposes of this Agreement, a “discharge for cause” shall mean a discharge resulting from a determination by the Board of Trustees that the Interim Managing Director (i) has admitted to or been convicted  of a crime involving moral turpitude, including but not limited to fraud, theft, or embezzlement, (ii) has willfully failed to or refused to follow policies, directives, or orders established by the School, (iii) has committed acts amounting to gross negligence or willful misconduct to the detriment of the School or its Students, (iv) has willfully or persistently failed to attend to his duties hereunder, (v) has mismanaged or mishandled funds of the school, or (vi) has otherwise breached any of the material terms or provisions of this Agreement.

 The Interim Managing Director agrees to conduct himself with due regard to public conventions and morals, and agrees that he will not engage in or commit any act that will tend to degrade or bring himself into public humiliation, contempt, scorn or ridicule or that will shock, insult, or offend public morals and cause harm to the goodwill and reputation of MCCPS.  If the Interim Managing Director breaches this clause the Board of Trustees may take such action as is appropriate to protect the interests of MCCPS. 

(c)  Termination without Cause:  If Dr. Argenziano is unable to perform the duties of his job as set forth in this contract due to injury or illness, or any other cause, or if MCCPS ceases to be a public school, the contract of the Interim Managing Director shall terminate and the terms of this agreement shall end. 

6.                  Notices:            Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and if sent, postage prepaid, by certified or registered mail, return receipt requested, (i) to Dr. Argenziano, Interim Managing Director at his last known address XXXXXXXXXXX, XXXXXXXXXXX, and (ii) to MCCPS, 17 Lime Street, Marblehead, MA  01945.

 7.                  Severability: In case any term, phrase, clause, paragraph, section, restriction, covenant, or agreement contained in this Agreement is deemed invalid, such invalidation or unenforceability shall not defeat or impair the remaining provisions contain herein.

 8.                  Waiver of Breach: The waiver by either party, and/or both parties, of a breach of any provision of this Agreement by the other party(s), shall not operate or be construed as a waiver of any subsequent breach.

 9.                  Entire Agreement: This Agreement supersedes, replaces and merges all previous agreements and discussions relating to the same or similar subject matters between Dr. Argenziano, the Interim Managing Director and MCCPS, and constitutes the entire agreement between Dr. Argenziano and MCCPS with respect to the subject matter of this Agreement.

 10.              Governing Law. The substantive laws of the Commonwealth of Massachusetts, excluding any conflicts of laws, rules or principal that might otherwise refer to the substantive law of another jurisdiction, will govern the interpretation, validity and effect of this Agreement without regard to the place or execution or the place for performance hereof.

 11.              Authority to Enter Into This Contract or Modify the Terms of this Agreement:. This Agreement may not be changed or terminated orally, and no change, termination, or waiver of this Agreement or of any of the provisions herein contained shall be binding unless made in writing and signed by Dr. Argenziano and the Chair and Treasurer of the Board of Trustees, or by Board approved designees in the event of their absence. 

 The Chair and Treasurer of the Board of Trustees, or Board approved designees in the event of their absence, have the authority to enter into this contract on behalf of MCCPS.

 THE AUTHORIZED PARTIES AS HAVE SIGNED BELOW HAVE EXECUTED THIS Agreement and agree that its terms shall commence and be effective as of August 27, 2007.

 

BY: Dr. Albert F. Argenziano

TITLE: Interim Managing Director

 

SIGNATURE:_________________________

 DATE:_________________________

 

 BY: Kay O’Dwyer

TITLE: Chair, MCCPS Board of Trustees

 
SIGNATURE:_________________________

 DATE:_________________________

 

BY:  John Sullivan

TITLE:  Treasurer, MCCPS Board of Trustees

 
SIGNATURE:  __________________________

DATE::  ________________________________

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