Qualities of Effective School Board Members

• They develop a clear understanding of the roles of the superintendent, board president and board members.
  One of the hardest challenges for a school board is making an interim appointment to fill board vacancy. For this school board, selecting some with with experience over the will of the community proved problematic. If you rush it can be invalidated by the County Office. But in the end, sometimes you get it right.
• They become familiar with the integral components of their school system.
• They develop and practice skills for conducting, managing and participation in productive meetings. This Superintendent did not believe Board members were not acting properly so he wrote a memo to them. This Board member threatened to "boycott" Board meeetings.
• They conduct open meetings in full compliance with the law.
• They practice consistency and impartiality in all dealings with personnel, constituents, and issues.
• They maintain a high level of visibility in the schools, community and district.
• They seek opportunities to grow through specially planned workshops, seminars and conventions.
• They let employees know that they are appreciated and valued.
• They periodically evaluate themselves and the board as a whole.
• They perform objective evaluations of the superintendent in accordance with goals and objectives, which are confidential.
• Their agenda includes: Trustworthiness, clear communication, problem solving, tolerance, and professionalism as the basis of their boardmanship.
  It does not look good when Board members file complaints against one another alleging improper behavior. Or accuse the Board President of discrimination.
• Children first and sound management permeates their thinking, planning, and voting.

Effective School Board Members

• Recognize their responsibility is not to run to schools, to see that they are well run.
• Work through the properly appointed administrative officers according to the organization as planned. Though sometimes, the management team reporting to the administration can have issues.
• Function as a part of a policy-forming and control board rather than as a part of an administrative board.
• Familiarize themselves in a broad and non-technical manner with the problems of the school board.
• Refer, as far as possible, all complaints and requests to the appropriate administrative officer.
• Try to interpret to the school staff the attitudes, wishes, and needs of the people of the district, and try to interpret to the people the needs, problems, and progress of the schools. This sometimes means challenging state law.
• Voice opinions frankly in board meetings and vote for what seems best for the children of the district.

• Follow their state's open meeting law to insure full and open disclosure of all board actions. See California's Brown Act.
• Recognize fully that the appropriate administrative officer is entirely responsible for carrying out a particular policy in accordance with state law and local regulations.
  Explusions are usually routine matters at the end of Board meetings. However, explusion of several high school students involved in off campus melee has led to the start of a long legal battle.
• Help to frame policies and plans only after considering the recommendations of the appropriate administrative officer, together with his reasons for making such recommendations. In rare instances, a grand jury will sit in when policies are not administered properly. Sometimes, the grand jury is very blunt. 
• Requires oral and written reports for the purpose of keeping the board properly informed on school matters.
• Give all school officials authority in keeping with their responsibilities.
• Vote only for the best-trained technical and professional employees who have been properly recommended by the appropriate administrative officer. However, this Board member crossed the line when an EMail sent to a candidate caused the candidate to withdraw his acceptance. The Board member action led to censure by the rest of the School board.
• Maintain harmonious relations (or not) with other board members when harmonious relations are consistent with their obligations to the schools.
  It is not advisable to get too close to student Board members, as charges of impropriety could arise, leading to calls for resignation.
• Visit the schools to gain clearer understanding of school problems, but not to interfere in the day-by-day administration of the schools.
• Attend all board meetings and be visible and access to the community. Of course, if you are finishing a term in prison before being sworn in then you may have a good excuse.
• Establish criteria for evaluating the efficiency of the administrative officers.
• Present personal criticisms of school employees only to the appropriate administrative officer. Taking on personnel matters in Closed Session based on a Board member request is bound to lead to legal problems.
  Avoiding confronting employees during negotiations or face the consequences.
• Support and protect school officials in the performance of their duties. Here is a story that tests the boundaries of supporting a local principal.
• Give friendly counsel and advice to the administrative officers.

When a school board fails in a number of areas, they can receive a scathing report from their county Grand Jury that prompts resources being spent on a response. If the response is inadequate, the Grand Jury can request another response. All of the activity led to a Superintendent dismissal, who turned around and sue for wrongful termination. If the community is not happy with the actions of school board member they can initiate recall proceedings.

A Good School Board Member Avoids These Practices

Boards often create their own problems. When the problems become persistent, complaints are directed to a County Grand Jury. The Grand Jury then examine District operations and issue their findings. Experience has shown that board members lose effectiveness to the degree that they:

• Interfere with the day-by-day routine details of school administration and supervision. Here is an example when a Board member makes ill-advised suggestion on student discipline.  Though sometimes it is the Superintendent who can act inappropriate by criticizng a Board member via Email. Which can lead to termination of the Superintendent and a lawsuit by the Superintendent.
• Refuse to support worthwhile school programs because of personal reasons.
• Show favoritism to relatives or friends. Otherwise, an official probe could be launched which led to an indictment and a request to pay for legal fees.
• Make promises and commitments before the questions are fully discussed in the board meetings.
  For example, an EMail between Board members making promises can led to investigation by the Distict Attorney.
• Join a clique to control board action.
• Use board membership for political or business advancement for themselves, their families, their relatives, or other friends. Here is an example that lead censure by a school board and an investigation of a school board member.
• Indulge in petty criticism of the administration of their schools.
• Divulge confidential information.
• Assume authority in school matters when the board is not in session.
• Accept gifts from school suppliers or contractors, or make personal purchases through the schools to gain advantage of the school discount. Is it ethical to accept campaign contributions when a Board member runs unopposed? Here is an Los Angeles Times article about a Board member that raised over $300,000 and ended up running unopposed.

What to look for in a school board candidate?

California School Board Association Overview of School Board Leadership

How To Tell a First Rate Board

Every community needs to ask these questions:

• Does the school board have first-rate people, and are those people broadly representative of the community? Cities are examining the need for electing school board members by area rather than at large. Here is an article about a lawsuit and subsequent settlement in the Central Valley.
• Does it have open lines of communications to the entire community and to the school administration? Here is an example when a Board and Superintendent have communications difficulties. Naming a school can be fought with tension unless the Board establishes an open process.
• Is it getting the information it needs to be able to make responsible decisions, for both the short- and long-range future? Of course, even when a Board acts responsibly, they can encounter difficulty.
• Does it have close, effective liaisons with allied community programs: the departments of health and welfare, housing, private industry, and total city planning?
• Is it really doing what a board should do-setting the policy for a strong administrator responsible to it-or is it wasting time dabbling in administrative details?

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School board tempers flare after teacher's resignation

By Anna Tong, San Jose Mercury, August 10, 2006

Perplexed and upset students of a popular Monta Vista High School teacher want the school board to investigate the events leading to the teacher's resignation in June.

Teacher Tim Krieger's resignation has sparked a battle on the Fremont Union High School District school board, with president Avie Katz saying other members are using the incident to get him off the board.

Krieger, 31, quit after he was asked to make amends with school counselor Cathy Katz, who is married to Avie Katz, about problems Krieger had with their daughter seven years ago.

Krieger taught advanced placement biology at Monta Vista for seven years. He also advised the school's leadership class and coached the cross-country team. Students and parents say he was a crowd-pleaser -- at a July 11 board meeting, one student called him ``the Mozart of teachers.'' Monta Vista was recently identified as the top large-size high school in the world for advanced placement biology by the College Board.

``If you can think of anything cliche about the best teachers, he had that trait,'' said Monta Vista alumnus Jeffrey Shiau, 19, a junior at the University of California-San Diego. ``Some students had heavy problems and they would stay after class until 5 or 6 to talk to him. Sometimes he would organize a class trip to Laser Quest -- he could be a kid, but he was professional as well.''

District board members, however, divided in their opinions of Krieger, didn't conceal their animosity toward each other at a July 25 board meeting.

Two board members, Nancy Newton and Barbara Nunes, staunchly support launching an investigation to determine whether Avie Katz overstepped his role as board president when he questioned the superintendent about Krieger's qualification to become a school counselor.

(Fallout: The superintendent ended up mistakenly sending an email to all Board members regarding Katz' actions which led to his firing.)

Avie Katz said that this situation transpired because ``somebody would like to get me off the board.''

The debate started in May, when Krieger applied for a one-year position as a guidance resource teacher. The high school's principal, April Scott, unofficially hired him, and Krieger started to rearrange his schedule for the 2006-2007 school year.

But a conversation with Deputy Superintendent Polly Bove changed his direction. Bove asked him to make amends with Cathy Katz, with whom he would have worked in his new job. During Krieger's first year teaching, he had problems with Katz's daughter, who was in one of his classes. Krieger had never worked directly with Cathy Katz and he didn't expect any animosity.

But Bove, she said in an e-mail to the Cupertino Courier, ``suggested to Tim that he consider apologizing to his colleague, as a possible way to mitigate the issue that existed between them.'' In an interview, she said it is part of her job to try to head off such potential personnel problems.

Krieger said the conversation left him ``devastated.'' He planned to eventually apply for an assistant principal position, but instead he resigned, as did Melanie Walczak, a dance teacher with whom he co-taught the leadership class. ``I feel like I did my job for students and put a lot of hard work into them,'' he said. ``To be brought into these politics was extremely saddening. I didn't want to play that game.''

Krieger said he had long considered relocating and the conversation was the catalyst. Krieger and Walczak have both moved to the Seattle area and plan to teach high school there.

``My family is in Seattle, and housing prices are so high here,'' he said. ``One of the misconceptions is that I'm leaving strictly in protest. What happened just made me think maybe now's the time for me to move on.''

Avie Katz acknowledges that he spoke to the superintendent about Krieger's appointment, but said the academic altercation with his daughter ``absolutely'' has nothing to do with his concern that Krieger might not be qualified for the counseling position. Katz said he will abstain from voting on the investigation at an Aug. 22 meeting about whether to launch a probe.

``Guidance involves a huge responsibility,'' he said. ``Why was this teacher selected to fill in a spot when there are a lot of people who are qualified? I'm trying to find the most qualified personnel -- that's what a board member does.''

Bove said Krieger was qualified for the guidance post.

Katz said he believes that Newton and Nunes are pushing for the investigation because they don't want him on the board, and the conversation between Bove and Krieger could have been a ``ploy'' to prompt Krieger to quit.

Krieger said he's not interested in the politics of the board, only in teaching.

Newton, who proposed an investigation on July 11, said that the goal of the probe would be to determine if it is appropriate for board members to give input on hiring decisions.

``We need to figure out where it's proper for the board as a whole to participate, and where it's not appropriate for a single board member to influence the hiring process,'' she said.

Several students are calling for an investigation. Shiau and others have created an online petition at www.thepetitionsite.com/takeaction /676415718 where people can express their support. Other teachers also have expressed concern.

``What happened is a board member meddled in a personnel affair, and board members are supposed to set and oversee policy, and not let personal biases get in the way,'' said Tom Avvakumovits, president of the Fremont Education Association. ``If this could happen to a teacher like Tim Krieger, this could happen to any of us.''

Meanwhile, students mourn that Krieger and Walczak left. One student, who dedicated an entry in her online diary to Krieger, wrote ``[Krieger and Walczak] -- your legacy at [Monta Vista] will last indefinitely. Thanks for truly being our superheroes.''

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Misfired e-mail exposes district's political brawl

By Dana Hull, San Jose Mercury, August 24, 2006

A letter mistakenly sent by Rowley to the school board Two months ago, the Fremont Union High School District superintendent inadvertently sent a private e-mail slamming the school board president to the whole board -- including the president.

On Tuesday, the superintendent was fired.

The 3-2 decision to sack Stephen R. Rowley, who had led the high-achieving district since July 2002, came after a hot summer of controversy over the e-mail and the political infighting that lay behind it.

Fremont Union serves nearly 10,000 students at five high schools in Cupertino, Sunnyvale and San Jose. Over the summer, students and parents had called for an investigation into why a popular teacher resigned and why district trustees became involved in personnel decisions -- questions that intertwined with the private e-mail Rowley had mistakenly sent to the entire school board.

The district's five trustees met as planned Tuesday evening. They voted unanimously to investigate the resignation of Tim Krieger, a beloved Monta Vista High School biology teacher who advised the school's leadership class and coached the cross-country team.

But in the closed session part of their meeting, the split board voted to fire Rowley and appoint Polly Bove, his former deputy, as acting superintendent. That move upstaged the decision about the biology teacher and made it clear that any investigation will probe the complex relationships among the teacher, the trustees and district officials.

Rowley's ouster may have been under discussion for a few weeks. In any case, the tensions go way back.

Seven years ago, Tim Krieger reportedly had problems with the daughter of the school board president, Avie Katz, and his wife, Cathy Katz, who is a counselor at Monta Vista.

More recently, Krieger expressed interest in becoming a Guidance Resource teacher at the school, and was asked by Bove to make amends with Cathy Katz. Krieger resigned, as did dance teacher Melanie Walczak, who co-taught leadership classes with him. Both have reportedly moved to the Seattle area and could not be reached for comment Wednesday.

``Polly, I think you got the e-mail about Krieger and Melanie resigning,'' wrote Rowley in a June 23 e-mail that was inadvertently sent to the entire board. ``They are, hopefully, writing a scorcher fingering Avie and Cathy as a primary reason for resigning.''

The e-mail, which Rowley followed up an hour later with an apology, further stressed an already tense relationship with some board members. A front page Wall Street Journal article last fall about white flight from the increasingly Asian-American district created tension between Rowley and many Asian-American parents.

As the summer rolled on, scores of Monta Vista students and alumni rallied to Krieger's cause, signing an online petition of support and urging trustees to conduct an independent investigation into why he left the district.

Any investigation would have to determine if Avie Katz overstepped his role as board president when he discussed Krieger's qualifications to become a counselor with district administrators.

School trustees and the district's attorney declined to comment Wednesday.

In the middle of the night, the district released a statement, including comments from trustees, but not stating a specific reason for the firing. ``I am sensitive to the depth of what we have raised here by the Board's action, but I think it is in the best interest of the community that we did do this action,'' Katz said in the statement released at 1:39 a.m.

Trustee Nancy Newton, who has served on the board for 19 years and voted against the decision, was quoted in the statement as saying, ``I am stunned tonight by this action and deeply regret it.''

Trustees Katz, Kathryn Ho and Homer Tong voted in favor of termination; Newton and trustee Barbara Nunes voted against it. The board has often split along similar 3-2 lines.

The investigation into Krieger's departure now is expected to include Rowley's firing, because the two issues are intertwined. The costs could include hiring an outside investigator, arbitration fees and possible lawsuits.

``There is going to be an economic consequence to this move, which was poorly thought out,'' said Greg McCoy, a Danville attorney who is representing Rowley.

Rowley was in his office Tuesday evening when Katz arrived and told him in person that his contract had been terminated. Trustees have not given a reason for the firing. Rowley then left the building, and Fremont Union has removed Rowley's photograph from its Web site.

Rowley, a former principal in the Redwood City School District, was superintendent of the Bainbridge Island school district in Washington state before coming to Fremont Union. His contract as superintendent was to expire June 30, 2008, which means that Fremont Union may ultimately be held responsible for paying for 18 months of his salary. Rowley's annual salary was $221,587.

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Fired schools chief sues

DISTRICT LET HIM GO AFTER ERRANT E-MAIL

By Becky Bartindale, San Jose Mercury, November 6, 2006

Former Superintendent Stephen Rowley, who was dismissed after a misfired e-mail, has sued the Fremont Union High School District, saying his firing broke the law and violated his employment contract.

The lawsuit, filed Friday in Alameda County Superior Court, gives the former superintendent's first public account of why he was fired. It also marks the latest twist in a political maelstrom, started by the resignation of a popular teacher this summer, that has overtaken a hotly contested school board race, putting two incumbents who voted to fire Rowley on the defensive.

Officials in the high-achieving South Bay district had not seen the complaint and were unable to comment, said Cindy McArthur, communications manager.

The lawsuit claims that school board President Avie Katz threatened Rowley's job when the superintendent wouldn't go along with Katz's attempt to block the appointment of popular biology teacher Tim Krieger to a counseling post because of a past family dispute.

``This lawsuit is a last-minute tactic by my opponents to try to hurt me in this election, as they have been trying to do throughout,'' Katz said in a statement. ``This is the latest attempt, and it is just as ridiculous as the other assertions. I have said all along, and I will say to you again, that I have done nothing but inquire about the hiring process of our district, and that is entirely appropriate.''

Katz disputed making statements that are attributed to him in the complaint. He also took issue with what he considers its ``inappropriate'' breach of his daughter's privacy.

According to the lawsuit, Katz confronted Rowley in early June, saying he was ``furious'' that Krieger would be assigned to a guidance counselor position at Monta Vista High School, where Katz's wife, Cathy Katz, works as a counselor. The suit says Krieger had accused the couple's daughter of cheating seven or eight years before.

The issue came to a head June 20, the lawsuit says, when Katz told Rowley he had enough votes on the board to block Krieger's appointment. Rowley says he and Katz disagreed over whether the appointment required a board vote, and Katz asserted that the board has the right to approve all personnel moves.

Katz told Rowley that if Krieger's reassignment went forward, there would be ``a consequence'' directly affecting Rowley's employment with the district, the lawsuit states. Katz also allegedly said he had three of five board votes ``with respect to'' Rowley's job status.

Krieger and dance teacher Melanie Walczak resigned three days later. The same day, Rowley sent his e-mail, which was meant for Assistant Superintendent Polly Bove but went to the board. ``Polly, I think you got the email about Krieger and Melanie resigning,'' Rowley wrote. ``They are, hopefully, writing a scorcher fingering Avie and Cathy as a primary reason for resigning.''

Krieger and Walczak, who co-taught a leadership class, have since moved to Seattle.

Rowley, who had an employment contract through June 30, 2008, was fired Aug. 22 on a 3-2 vote, with Katz, Kathryn Ho and Homer Tong voting for the dismissal. Katz and Ho are standing for re-election Tuesday.

The lawsuit, which names the district and up to 30 unidentified individuals as defendants, alleges breach of contract, wrongful termination, infliction of emotional distress, and privacy violation. It does not specify an amount of money, but asks for damages for lost pay and retirement benefits under Rowley's contract, attorney's fees and the costs of the lawsuit. It also seeks an order compelling arbitration to determine whether there was legal cause for Rowley's dismissal. The superintendent's annual salary was $221,587.

In a related development, district trustees at a meeting Thursday released an independent investigator's timeline of events surrounding Krieger's reassignment and resignation, leading up to Rowley's dismissal. Key parts of the timeline were blacked out or rewritten.

Tong said board members, meeting in closed session, blacked out or changed information only if it was unclear or there were conflicting accounts.

The redactions and modifications left some board and community members frustrated that it was not a full public accounting.

Trustee Nancy Newton, one of two board members who voted to retain Rowley, objected to the blackouts, particularly those involving the events of June 20.

The June 20 entry on the timeline says, ``Board President Katz meets with Dr. Rowley. Dr. Rowley is still confirming whether the governing board would be involved in Krieger's hiring.'' Three lines are then blacked-out.

Newton said the redactions conceal information she had reported from a conversation she overheard June 20. Two other people attested to hearing the same thing, she said Thursday, ``yet I was told tonight that it was in dispute and therefore needed to be crossed out.''

``I feel that three people reporting something is sufficient to be in the timeline,'' Newton said. ``And I know what I heard.

``It is very pertinent and I regret that it does not appear in this report.''

Colleen Medeiros, executive assistant to the superintendent, confirmed she also overhead the same June 20 conversation and reported it.

The timeline documents that Tong and Katz had raised concerns with district officials about Krieger, for different reasons. In a resignation letter, Krieger cited their involvement as among the reasons he decided to leave.

The four-page timeline was prepared by Fresno attorney Thomas Sharpe, whose law firm has billed more than $13,000 to conduct the investigation.

Sharpe, who joined Thursday's meeting by telephone, said he had interviewed 17 or 18 people, some of whom were represented by attorneys and would respond to questions only in writing. Interviewing people in writing, he acknowledged, has limitations.

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Trustees clash as school starts up

Police respond to report of shoulder-bumping altercation

Staff report, Salinas Californian, August 24, 2006

A Salinas Union High School District trustee may file for worker's compensation after announcing during Tuesday's board meeting that she'd been struck by another trustee, board chairman Art Gilbert confirmed.

Salinas police responded after the meeting to a report of an earlier altercation, in which trustee Kathryn Ramirez said fellow trustee Margaret Serna-Bonetti struck her with her shoulder.

"There was nothing intentional on my part," Serna-Bonetti said late Tuesday. "There's personality conflicts on the board, but my primary focus is on the students."

Ramirez declined to comment to a reporter, as did police officers at the scene. Cmdr. Al Ruiz said he hadn't seen a report on the incident.

Trustee Lila Cann said she had no idea whether something happened between the two. "I don't believe in airing dirty laundry, even if there was," Cann said.

The board has seen tension and verbal sparring in the past, including eruptions of racial charges that came to a head during officer elections in 2004. Many of the trustees involved in that dispute remain on the board today.

Ramirez complained in 2005 about harassment from trustee Jim Reavis' supporters.

Serna-Bonetti was elected in November 2005, ousting incumbent Sandra Villarreal-Ocampo on a platform that called for an end to the board's "petty bickering."

After the meeting, Gilbert said the board will continue with business as usual.

"We're all looking forward for school to open tomorrow," he said.

Serna-Bonetti said her intention is to work with everybody on the board to address their responsibilities in the district.

"It's very important that we conduct ourselves in a professional manner and work with each other regardless of personal opinions," she said, "because we are role models for students and it impacts the whole district. I would hope we can have some board retreats and conflict resolution training in the future."

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Schools chief files claim after board fires him

DISMISSAL FOLLOWED E-MAIL MISTAKENLY SENT TO ALL TRUSTEES

By Dana Hull, San Jose Mercury, September 2, 2006

The fired superintendent of the Fremont Union High School District filed a claim against the district Wednesday, alleging violation of privacy rights, defamation and intentional infliction of emotional distress.

The claim, if not settled within 45 days, will probably lead to a lawsuit.

Fremont Union trustees voted 3-2 on Aug. 22 to terminate Stephen Rowley's contract, which was not to expire until 2008. The vote, which has thrown the high-achieving district into turmoil, followed months of political infighting.

Fremont Union serves nearly 10,000 students at five high schools in Cupertino, Sunnyvale and San Jose.

Over the summer, students and parents called for an investigation into why Tim Krieger, a popular teacher, resigned after seeking a guidance counselor position and why district trustees became involved in personnel decisions. The sniping got worse after Rowley mistakenly fired off a private e-mail to the entire school board that blamed board President Avie Katz for Krieger's resignation.

``The true and correct reason for Mr. Katz's interference with Mr. Krieger's potential appointment to the position of guidance teacher was that Mr. Katz and his wife were upset with Mr. Krieger as a result of an incident involving Mr. and Mrs. Katz's daughter who had been a student of Mr. Krieger several years before,'' says the claim, made available to the Mercury News on Wednesday.

Rowley seeks unpaid salary and accrued vacation, as well as damages for ``intentional infliction of emotional distress.'' Rowley's annual salary was $221,587.

Cindy McArthur, the district's communications manager, could not be reached for comment Wednesday.

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School chief: Board 'out of control'