Brown Act Violation?

Board Agenda at page 1,402

Board Audio at 4:15:44

Clark Hampton, Deputy Superintendent of Business and Support Services 2016 Total Compensation is $258,712.40 (Base Pay $203,611.00 + other Pay and Benefits of $55,101.40).
Per contract language the Deputy Superintendent is eligible to receive the equivalent incremental salary increases annually and any additional benefits made available to other employees in the District.

This Agenda Item extends Clark Hamptons' contract through 2022 and provides for:

• Step increase annually of 1% until 2019-20
• Retroactive 1% back to 2016 -17
• Retroactive 1.25% back to 2017-18
• 1% increase for 2018-19 based on Governor's budget.

CUSDWatch Comment

This is a BROWN ACT VIOLATION and was clearly intended to cover up the substantial increase in compensation given to Clark Hampton.

CUSDWatch Comment

CUSD provides across the board compensation increases for all employees. This year was the 5th consecutive year of across the board compensation increases totaling over $150 million dollars. While parents fundraise for Art- Music- and Science. Our facilities need $186 million in EMERGENCY REPAIRS. Class Sizes are the highest in the nation and CUSD stated in Agenda Item #34 CUSD stated that they lacked sufficient funds to pay for new Algebra II/Trig Math books for every student and are only funding books for 2 of the 6 high schools. Total Cost $8,000 for the two schools.

CUSDWatch Comment

The Total impact is substantially more that $7,820. This Item should be amended and brought back to the Board so that the Public can have an opportunity to speak to this Item.

2016-17

• $203,611.00 X 1% Retroactive Pay increase = $2,036.11 X 3 Years = $6,918.33
• $203,611.00 X 1% Step and Colum = $2,036.11 X 3 Years = $6,918.33
• Base Salary for 2016-17 is then $207,683.22 ($203,611.00 + $2,036.11 Retro Pay 1% + $2,036.11 Step and Column 1%)

2017-18

• $207,683.22 X 1.25% = $2,596.04 X 2 Years = $5,192.08
• $207,683.22 X 1.% = $2,076.83 X 2 Years = $4,153.66
• Base Salary for 2017-18 is then $217,028.74 ($207,683.22 + $5,192.08 Retro Pay 1.25% + $4,153.66 1% Step and Column)

2018-19 1% increase Step & Column

• $217,028.74 X 1% = $2,170.28
• Base Salary for 2018-19 will be $219,199.02

2019-20 1% Increase Step & Column

• $219,199.02 X 1% = $2,192.00
• Base Salary for 2019-20 will be $221,391.00

The Board Item then stated that the total fiscal impact of this Item was $7,820. Clark had to admit that the Item Cost did not include the Retroactive Pay Increases.

Item moved by Trustee Judy Bulluckous

Second by Trustee Jim Reardon

The Board passed Clark Hamptons contract amendment by a vote of 5-2 (Trustee Hanacek and Pritchard voted no.)

Board Audio at 4:11:39 BLUE CARD Dawn Urbanek Spoke to Agenda Items 39, 40, 41

A Districts Priorities are reflected by their spending priorities. RE: $133 million in reserves.

CLARK HAMPTON CLARIFIES RESERVES

Board Audio at 4:13:45 Clark States that the reserves I am citing are "restricted" (NOT TRUE per CalProEd)

From CalProEd

"District claims are often intentionally misleading, as he is right; the funds are currently restricted...either because they are either from before 2014 or have been restricted by the school board since. Either way, the rules have changed and all but the 4 can be moved now."

"The board has restricted the money and can unrestrict it at any time. Only 4 small funds come restricted, SPED, Foster Youth, and two Native American youth programs."

"Your board members have the power to move the money back- educate your board."

TRUSTEE COMMENTS

Board Audio at 4:17:01 Trustee Amy Hanacek

Student First over employee compensation. Trustee Hanacek will be voting no on the amendment to Clarks Contract.

Board Audio at 4:19:15 Trustee Gary Pritchard
Is the amount $7,820.00 on the fiscal impact is that over the three years? How did you arrive at the number.

Board Audio at 4:19:38 Superintendent Vital Responds

On-going expenditure difference. No retroactive pay included. Clark was asked to clarify.

Board Audio at 4:19:57 Clark Hampton

Does not include retroactive pay.

Board Audio at 4:20:35 Trustee Gary Pritchard
I am with Amy - I cannot support this.

Item moved by Trustee Judy Bulluckous

Second by Trustee Jim Reardon

The Board passed Clark Hamptons contract amendment by a vote of 5-2 (Trustee Hanacek and Pritchard voted no.)

CUSDWatch Comment

Clark Hamptons Base Salary went from $203,611.00 to $221,391.00 + other pay and benefits, an increase of $17,780.00

P.S. That would have paid for a math book for every student!

Are we in the adult job business or the education business?