Board votes in private to spend public tax dollars; upsets faculty [The Daily Star-Journal, Warrensburg, Mo.]

May 14--KNOB NOSTER -- Missouri Press Association lawyer Jean Maneke said the Knob Noster School Board acted illegally by approving administrators' salaries in a closed session last month.

Executive session minutes stated board member Robin Krause moved and Catrina Coleman seconded to approve administrators pay for the 2013-14 school year. Krause said the board decided to go into executive session to discuss each administrator's performance.

"I'm an extremely strong proponent of the Sunshine Law and we have verified numerous times with Missouri School Board Association's legal staff that we are not in violation. The discussion of administrator salaries is tied directly to an individual. Because we discuss administrator evaluations in closed session, we set their salaries at the same time," he said.

Maneke said the salary approval portion of the executive session violated the law.

"The law is clear that the only thing you can do in executive session pertaining to employees is hiring, firing, disciplining and promoting. That discussion can include performance evaluations under section 13 but once you get to the salary portion that needs to be open. The law is clear on that. They needed to carve out separately the closed and the open. It is the body's responsibility to make that carving out. The law cannot be construed or interpreted to close broadly. It has to be done narrowly."

Knob Noster Association of Teachers' salary committee representative Neva Allen addressed the board May 8 after learning of the salary approval. Allen said the board's illegal action surprised district teachers.

"We were stunned that the board would perceive it to be legal," she said.

Allen, a former board member, said past policy had been to discuss administrators' performances in closed session but approve pay in open session.

Krause said the decision to discuss administrators' pay in closed session had been approved years ago. All other staff salaries, including teachers, take place in open session.

"It was at least three or four years ago," he said.

Krause said the board last year also approved administrators' salaries in closed session without complaint.

Allen said no one knew so no one complained.

Board President Jesse Sahlfeld said teachers salaries are discussed and approved in open session because they do not include individual performance evaluations.

"Salary for teachers is set by a pay scale with no basis for teacher evaluation or performance, only for experience and education," he said. "Administrator salaries are tied to an individual and linked to their evaluation and because of that, are set in closed session."

During her board address, Allen said teachers felt surprise that the board did not seek direct faculty input on pay and benefits for the coming year, but instead relied on Superintendent Jaret Tomlinson's recommendations.

"In the past, there was a dialogue between the central office representative, a board member and the Knob Noster Association of Teachers salary committee. After surveys, meetings and more surveys, a proposal was prepared and voted on by the staff before going to the board," she said. "Last year you asked to be taken out of the loop. We were informed by Dr. Tomlinson and Mr. Sahlfeld that the board philosophy had changed and that you preferred that we tunnel our comments solely through the superintendent."

Allen said the move makes teachers feel devalued.

"We lost your community perspective and the opportunity for dialogue," she said.

Krause said the board's policy moved from hearing teachers directly years ago.

"The bottom line is that what Mrs. Allen said about a change of philosophy is true. However, it didn't start when Dr. Tomlinson took over as superintendent. I believe it was during Margret Anderson's tenure that the board asked the superintendent to be the salary negotiator rather than having multiple salary proposals being brought to the board. The board's job is to set policy, budgets and goals; we hire the superintendent to handle their implementation and management," he said.

Allen said Tomlinson quit communicating fully with the staff about raises and benefits after learning insurance premiums would increase dramatically.

"At that point, the process was accelerated and the entire salary committee was no longer involved," she said. "When the final proposal came to (the board) last month, only part of the teachers were aware of the final outcome," she said.

In April, the board agreed in open session to eliminate disability insurance for teaching staff, provide life insurance for all faculty and staff, continue to pay for dental insurance for all staff, decrease full medical insurance for PPO coverage to a total of $540, leaving teachers to pay $11 per month for medical premiums for that plan. The board allowed two health savings account options that would be paid fully by the board. The board also approved allowing a STEP increase for teachers due to education and experience, and provided a 1.6 percent cost of living increase to classified employees.

In April's executive session, the board approved a $5,000 per year pay raise for the superintendent, $5,000 increase for the assistant superintendent, $1,555 for special programs director, $1,280 for the middle school assistant principal/athletic director and $1,200 for the director of curriculum and instruction. Salaries for elementary school principals remained the same annually but the number of months worked decreased from 12 to 11. Salary for the middle school principal decreased by $6,146 annually and salary for the high school assistant principal/athletic director decreased by $6,587 annually.

Tomlinson said new hires with less experience accounted for the administration pay decreases.

"Overall, the administrator salary increases mean a .167 percent increase. That is the lowest group increase by percentage in the district when you compare it to the teachers group or the other staff group," he said.

Sahlfeld said he is surprised by the teachers' reactions to the faculty salary discussion.

"We followed the same process as last year and it seemed to work out fine. The teachers were engaged in the process and asked to survey the entire staff with possible options for increasing pay and benefit contributions," he said. "Dr. Tomlinson presented the recommendations that he received from the staff and shared with us the pros and cons of the options available and the final recommendations that were voted on by the staff. The approved salary and benefit decision was the option most recommended by the staff."

Sahlfeld said the board approved all pay scales and tried to be fair to all.

"The building principals requested more time off rather than monetary compensation as things are pretty slow in the summer, especially in July. The board felt the increases given to Tomlinson and Lorenz were justified by the enormous amount of time they spent bringing positive change for the district. In my opinion, those positions were somewhat underpaid in comparison to other districts our size and even in our own conference," he said.

As a result of the salary discussions and approvals, the teachers' association submitted a petition seeking an election for a collective bargaining unit for classified staff. The election will take place May 23 and is open to anyone with faculty position that requires a teaching certificate to perform. Administrators are excluded from the vote. The election will decide whether faculty will allow no representation for collective bargaining with the district or allow a Knob Noster-Missouri Teachers Association's representative to bargain on behalf of the teachers with the district.

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