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Page 10 THE SAUGUS ADVOCATE – Friday, February 7, 2020 Open Meeting Law Violation Minutes for the improper May 8, 2019, Executive Session of the Saugus School Committee (Editor’s Note: These are the minutes of the May 8, 2019, Executive Session held by the Saugus School Committee, which the state Attorney General’s Division of Open Government later determined to be an illegal meeting that was held without a proper purpose. The Saugus Advocate, which was among several complaints alleging the meeting violated the Open Meeting Law, reprints the recently released minutes of that meeting as a public service to its readers.) Saugus School Committee Executive Session May 8, 2019 An executive session of the Saugus School Committee was held on this date at the Roby School, School Committee Room for the purpose of clause 3, collective bargaining with Custodial Union. The meeting was called to order at 7:30 AM. Committee saluted the flag. Mr. Magliozzi made a motion to enter into executive session for the purpose of collective bargaining with the custodians in accordance with M.G.L. c.30A, sec 21 (a). The chair Jeannie Meredith, seconded the motion. Roll Call: Ms. Gaieski present Mr. Magliozzi present Ms. Marchese present Ms. Meredith present Ms. Morgante present. Custodian Contract Negotiations: [Superintendent of Schools] Dr. [David] DeRuosi reiterated to the committee that: 1) We voted unanimously on July 12, 2018 to direct the superintendent to take immediate steps to analyze effective cost savings in the custodial services budget line item. 2) That the superintendent should take steps to analyze and accomplish this goal immediately whether by outsourcing, job reductions or other budgetary eliminations with the goal to redirecting potential savings to immediate educational necessities by the start of the school year or when they become available to further the goal of closing the districts educational achievement gap and increasing student achievement. An RFP went out and bids were received. Dr. DeRuosi updated the committee that we have been meeting with the Union for Impact Bargaining sessions, and the Department of Labor Relations had helped us schedule through a mediator, as we had numerous canceled meetings by the union. The negotiating team has only received one verbal proposal for a settlement agreement with the union at this time, they continue to ask for documents i.e.: RPF and proposals. They stated that they need to see the RFP and proposals before they will make a written offer. The superintendent and Attorney Kevin Smith explain the process and tell them we are not in custody of those documents; they need to file a FOIA request through the procurement office at the town hall. We have another Impact Bargaining session scheduled in a couple weeks. The committee inquired as to the proposals and the process. It was explained to us by Dr. DeRuosi and Mark Magliozzi. Dr. DeRuosi and Ms. Andrews sat on the review committee and updated committee on the company they thought best met the needs for Saugus Public Schools. We were given the numbers and what the savings would be to the district. Dr. DeRuosi presented a detailed plan outlining exactly how these savings would be utilized to improve education and close the achievement gap in SPS.* See attached for the complete plan. The plan illustrated the many benefits to the school district with cost savings from the privatization move. Discussion included benefits to the system financially. Mr. Magliozzi calculated and the superintendent affirmed a baseline savings of $615,472.00 will be added to the school department. FY20 Budget =1,225,472 + 20,000 Outsourced company cost =$590,000 Total savings $615. 472 to the school department for night cleaning Mark Magliozzi asked Ms. Andrews to explain the numbers again and reiterate what the savings would be to the District. Ms. Andrews went over all the numbers again. The committee discussed future custodial needs as the district down sizes buildings, current cleaning schedules and responsibilities, the need to focus budget funding on the instructional needs of the district, the potential of some of these employees to be hired by a cleaning company, potential retirements within the unit staff, the importance of the student safety, and impact bargaining. Dr. DeRuosi explained to the committee that it was in the RFP that SPS Custodians had a right to apply to the new cleaning company. Ms. Marchese asked if there was any chance of letting some of them go and keeping some of them. With the new school opening, we don’t need all of them. Dr. DeRuosi reminded the committee that you would have to follow the current contract language and seniority would prevail. The time for those discussions should have taken place in regular negotiations. Dr. DeRuosi and Ms Meredith both explained Impact Bargaining was different from negotiations. Impact Bargaining, being the negotiation of terms that enhance the impact of the outsourcing of the custodial services at the end of their employment. Negotiations involved the agreement to terms of a contract for employment. The committee and the union have agreed (Jan 25, 2019 MOA) to five dates to Impact bargain. We are currently in Impact Bargaining that’s where we bargain any impacts on the union as a result of the privatization. Discussion ensued on the breakdown of impact bargaining due to the unions repeated cancellation of dates and repeated insistence on documents we didn’t have in our possession. Ms. Marchese stated that she would like to see the RFP and the bids. Dr. DeRuosi explained that we are not in possession of those documents and she would have to file a public records request with the procurement officer at the town hall. Ms. Marchese stated that when she voted to outsource the food service, she had access to those documents. Dr. DeRuosi stated he didn’t know what process they followed with the food service outsourcing, he was not here for that. The privatization took place with the prior Superintendent and past school committee members, Arthur Grabowski and Peter Manoogian. Mark Magliozzi explained the difference between an open bid process and a sealed proposal process. Dr. DeRuosi reiterated what Mark Magliozzi stated in regard to the process. Dr DeRuosi explained that the procurement officer solicits the proposals and appoints a reviewing committee (which was Dr. DeRuosi and Ms. Andrews). The reviewing committee selects the best proposal and notifies the procurement officer to form a contract with the private company. During this process the bids are sealed, pursuant Mass Law and could not be disclosed to the committee. Ms. Marchese asked if she could have the name of the company, so she could make reference calls. Dr. DeRuosi explained that it’s not in the purview of the School committee to make reference calls or participate in contract negotiations with this company. That is strictly the role and responsibility of the superintendent. Lisa Morgante stated she still had some unanswered questions and concerns about graduation set up. The committee collectively agreed that this plan presented by Dr. DeRuosi was just what the district needed and we all thanked him and his administrative team for all the work that went into this. Mark Magliozzi asked Dr. DeRuosi how much time he would need to roll this out. Dr. DeRuosi said he could be ready for first day of school. Liz Marchese asked how we could guarantee that this is where the money would be spent? Liz Marchese asked if this had to be voted today or could we have more time to think about it, she had reservations about the savings being spent as presented. Jeannie Meredith stated emphatically that she was prepared to vote today. Jeannie Meredith stated that the first motion was made by Mrs. Marchese, back when the committee was first elected in 2017, and it was to move in this direction, and all four votes since then have been unanimous to move in this direction. We voted unanimously to end the custodial contract in Feb, to end on June 30, 2019. We cannot afford to wait any longer, it’s not fair to these employees and their families, and they need to plan accordingly. None of us want to see anyone lose their job; this is the hardest decision in my life. But I was elected to improve the education for Saugus Public Schools, For the last five years, I have sat on a committee that had to make cuts in order to give salary increases and as a result we were forced to make cuts to balance the budget. The cuts always come from Teaching staff, educational programming and raising user fees. After receiving the news about the Middle School being ranked 8th lowest in the state, I feel as though I owe this to the children. I understand that there is a lot of political pressure, but I am standing firm that I was elected to be the voice of the children and I am not ok with leaving this district with lower scores. I feel as though I am prepared to vote this today. Lisa Morgante stated that she came to the meeting prepared to vote one way today, but after hearing Dr. DeRuosi’s plan to help the kids’ education, she has totally changed her mind. She made mention of being very torn, because of her daughter Jana’s stance on this, but felt compelled to be a voice for the kids. Mark Magliozzi also noted that this was a very tough decision, but that’s what we were elected to do. He also feels terrible for anybody that loses their job, he has lived through it and very compassionate towards these men and women. Mark is ready to vote today, given the time frame needed to notify employees and implement education plan as presented by superintendent. Mrs. Gaieski also echoed the same sentiments about these men and women since she had worked with many of them over the years and considers many of them friends. This is not personal, it’s about educating children, and with over 40 years in the business, I cannot sit back and watch these scores continue to decline. Lisa Morgante and Liz Marchese asked a couple more technical questions and Dr. DeRuosi stated he would have to iron those details out once the contract is awarded and he entered into negotiations. Ms. Marchese asked if that would be the school. Mrs. Gaieski asked Dr. DeRuosi to confirm that the savings would be applied to his plan presented today and fully implemented at the start of the school year. Dr. DeRuosi confirmed that it would be. Mrs. Gaieski motioned to: Outsource the custodial duties in the Saugus Public Schools with a private cleaning company due to the substantial savings accrued that will be applied to a multifaceted plan LAW VIOLATION | SEE PAGE 12

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