Douglas County School District board continues with actions upsetting to parents, teachers and community
Submitted by paula on Tue, 10/17/2023 - 7:40pm
DOUGLAS COUNTY, Nev. - The fractured Douglas County School District (DCSD) Board of Trustees met again last week, this time with the public filling the Whittell High School gym at Lake Tahoe for eight hours of discussion on several agenda items, including bylaw changes.
Much of Tuesday's monthly meeting was spent on public comment, as has been the norm since new school board members Susan Jansen, David Burns, and Katherine Dickerson were elected in November 2022. The other four trustees, Tony Magnotta, Carey Kangas, Linda Gilkerson, and Board Vice-President Doug Englekirk, were already on the board. Of the four seasoned members, Englekirk often sides with the three new members though last month he switched on one item and voted to retain Superintendent Keith Lewis and not accept his resignation.
Parents, teachers, students, and community members have stated their concerns with the controversial moves the new members of the board have made since being elected. They were dressed in red shirts again on October 10 to show support for Lewis, local schools and teachers, and positive decision-making for the District.
A couple and one board member (Burns) called the majority of the audience dressed in red shirts "filibusters" due to a previous action by a couple of frustrated people to have public comment on the previous bylaw agenda items go 15 minutes extra so the meeting would hit the midnight deadline. One of those persons, former trustee Robbe Lehmann, has apologized to the board for his action. A large majority of those dressed in red did not participate in any "filibuster" activity.
DCSD Legal Counsel
Some concerns have been stated during meetings about the DCSD legal counsel Joey Gilbert's legal bills, agenda, and his participation in meetings. A legal counsel serves in an advisory position, but Gilbert and Keira Sears from his law firm have led conversations and spoken when not called upon, and have been seated at the side of Board President Jansen and Clerk Burns and often seen whispering in their ears during the public meetings.
On October 10, Gilbert said there were some errors in his billing, and that DCSD should expect a refund of some charges. After two months on the job, Gilbert's invoices totaled over $110,000. With an annual budget for legal fees of $160,000, DCSD wouldn't have been able to keep up with the pace of Gilbert's billing.
"The community is up in arms on what you're charging," said Gilkerson, who also stressed transparency from Gilbert's firm and the rest of the board.
Each of his invoices to the District this month was redacted in all spots except for date and cost. Gilbert said it was attorney-client privilege so he wasn't going to display the reasons. This means the District is the client but the whole Board is not allowed to see the unredacted invoices.
Gilbert charges a $7,500 per month retainer, and that amount has been invoiced separately from hourly charges since he started. A retainer is meant to be for the charges up to that amount, then hourly charges start tallying up. That didn't happen so the District will get about a $15,000 refund, according to the lawyer.
Also to change is the fee for Gilbert's legal assistant, Keira Sears, who is a law school graduate but not a licensed lawyer in Nevada. Gilbert had been charging the district $325 per hour for her services. During the last meeting, he said he pays her well over that, $475 "because she is an expert in legislative and statutory affairs," but will give the District a cut on her salary.
"We are not an open checkbook," said Trustee Magnotta. "You're taking money away from the District."
The total coming back should be expected on the October invoice which is voted on during the November board meeting. Gilbert also said his charges will be less in the future as bylaw research will not be needed as much.
Besides bylaw changes, Gilbert has been spending time on numerous public records requests, Open Meeting Law complaints, and a 900-page writ of mandamus, all of which have come in droves since the new board members were elected in November.
The DCSD board bylaws were suspended in September and brought back for a first reading. Gilbert and the new board members said they are removing all additions and fine-tuning made to the bylaws over the years, and in error said they are reversing all bylaw changes made by the last board prior to the new members taking their oaths. There were no additions or updates to bylaws in the last months of 2022 though a couple of policy changes were made.
It is still unclear when and who asked Gilbert to rewrite the bylaws, which is now costing the District thousands of dollars. When Gilkerson asked him last Tuesday, Gilbert said the board members who voted for him asked, not a board action in public or on an agenda item until the Sept. 12 board meeting when work was already prepared. The first time many found out about this matter was when they showed up on the agenda in September.
Some trustees and constituents still have an issue with Gilbert's contract that was written after a 4-3 vote of firing the DCSD decades-long legal team Maupin, Cox, and LeGoy in July and hiring Gilbert. Trustee Gilkerson contends a new contract was written up and signed by Board President Susan Jansen and skipped Superintendent Keith Lewis's signature, thus making it illegal, something Gilbert, Sears, Jansen, Dickerson, and Burns don't agree with.
"These bylaw changes hamper the superintendent," said parent Ginger Nicolay-Davis during the meeting. "We have to have a board who works with leadership."
"Put bylaw changes aside," said parent Melissa Chorley Rousse. "Improve schools and teacher salaries. What do bylaws have to do with day-to-day schools?"
Bylaw Changes
While most of the bylaw changes are supposed to be "returning stuff to status quo," that hasn't been the result. Many are reducing the superintendent's power over day-to-day operations of the District and normal board interactions. Superintendent Keith Lewis, a 27-year employee, and trained administrator, knows the District and its staff, teachers, students, and parents.
The first reading on bylaws last Tuesday included the following:
All district communications prepared by the superintendent or administration to be delivered to the public, parents, or students to first be presented to the board for approval.
All agenda items are to be finalized by legal counsel.
A new requirement to route public records requests through legal counsel (instead of the superintendent).
According to the agenda, the sections of Board Bylaw 060 that were amended, adopted, or revised by the prior Board on March 9, 2021; March 8, 2022; June 9, 2020; March 9, 2021; and December 13, 2022, were suspended and then approved last week. The problem with this - the December 13 agenda did not carry any bylaw changes.
Previously they had also suspended Board Bylaw 030, 040, 050, 070, as well as Board Policy 815, Whistleblower Policy, Policy 901, Policy 902. Board policy 815 concerning public records was updated during that December 13, 2022 meeting. 815 had the following to be removed: The Superintendent/Designee will authorize the inspection and copying of records in accordance with all applicable laws, this Policy, and applicable Regulations. This task now goes to the Gilbert law firm.
The only items that came forward for the first reading on October 10 were Board Bylaw 060, Board Bylaw 070, Board Policy 338 - Whistleblower Policy, and Board Policy 902 - Public Comment.
At this time, none of the bylaws suspended last month are in place under these sections as they need a second reading to pass.
Removed
Strive for a positive working relationship with the superintendent, respecting the superintendent’s authority to advise the board, implement board policy and administer the district;
Resist every temptation and outside pressure to use their position as a school board member to benefit either themselves or any other individual agency apart from the total interest of the school jurisdiction;
Be informed on education issues that regularly come before the board through personal experience, individual study and/or by participating in board members’ professional development opportunities;
Disclose no private or confidential information that relates to district employees or students. Maintain confidentiality of information and discussion conducted in executive/closed session;
Be informed of the vision, mission and strategic goals of Nevada Association of School Boards as the board develops its strategic goals and/or makes decisions;
Support employees in the proper performance of their duties, with respect and consideration due skilled professionals,
Board members should direct all requests for information, which are unrelated to a board agenda item, to either the superintendent or the board secretary. Any individual request by a board member that requires staff to create reports, projects, or compile information that would, in the opinion of the superintendent require more than one half hour of staff time, requires consensus of the full Board unless agreed to by the superintendent. The superintendent will copy all board members on all requests for
information and on any reports generated from requests.
Board members are expected to receive complaints and should assure community members that the complaint is acknowledged and understood.
While an item may be placed on the board agenda and designated for discussion and possible action, the Board is not required to act if additional information or input is required.
Abide by the majority decisions of the board while retaining the right to seek changes in such decisions through ethical and constructive channels and in accordance with all other bylaws and policies.
Added
Be prepared, thorough, and open-minded
Members are obligated to support the decision of the Board publicly and privately.
A Board Member may seek information, counsel, or advice to aid the Member in their presentation or deliberation of a matter before the Board.
Removed
Neither the superintendent or board president can unilaterally place an item on the agenda. In the case of a disagreement between the two parties related to a proposed agenda item, the board officers will intervene and make the decision of inclusion or exclusion.
Board of Trustees shall be developed by the Board President, Vice President, and Clerk, and shall be developed by the superintendent and the Board President.
The public will be invited to make comments prior to a vote of the Board on all action items. In addition, the public will be welcomed to make comments on issues not on the agenda during the “Public Comment” portion of the agenda.
Future agenda items: This process is usually done by consensus and without action by the board, however, a majority vote by the board can place a new or existing item from the Future Board Agenda Item List on the agenda for a specific upcoming meeting. A majority vote by the board can also remove any item from the existing Future Board Agenda Item List, regardless of which trustees placed the item on the list. Items removed from the Future Board Agenda Item List by action of the board can only be reinstated to the list by another action of the Board.
In addition to the Future Board Agenda Item process, three (changed to two) Board Members can bring an item to the Board President and the (Superintendent - removed), and the item must be considered for placement on a future Board agenda in a timely fashion subject to existing priorities. Items previously approved by the Board would require four Board Members
to bring the item back to the agenda. The President and Officers (Superintendent - removed) will determine the particular meeting and time allotted for the item.
Board Workshop. The Board will hold a workshop, on odd calendared years, to facilitate training for professional development required per NRS 386.327, and to assist the board and superintendent to effectively administer their responsibilities.
Added
All agenda items shall be reviewed by counsel to ensure compliance with State laws and regulations, and Board Bylaws. The Board President shall provide final approval of the agenda prior to its posting, whether internally or externally.
The public will be invited to make comments at the beginning of the meeting before any items on which action may be taken are heard by the public body and again before the adjournment of the meeting.
"Work together, stay in your own lanes," said one public speaker. "We have amazing teachers, amazing students, and amazing leadership. Our kids need someone who loves and supports them."