WVSBA The Legislature

January 12, 2007 - Volume 27 / Issue 1

Overview Info

Stats

Days of Session 3
Days Remaining 57
Bills Introduced 131

Inside

News

In his 2007 State of the State Address, Gov. Joe Manchin outlined several education initiatives, including a proposed 2.5 percent pay increase for teachers.

That proposal met considerable criticism from both of the state's teacher unions, with West Virginia Education Association President Charles Delauder saying WVEA's "work now is the Legislature."

Judy Hale, president of the West Virginia Chapter of the American Federation of Teachers had similar comments. She said her organization supports an across-the-board raise, not a percentage increase.

"This doesn't keep up with the cost of inflation," she said in an interview with West Virginia MetroNews. The raise would only amount to $750 for a teacher making $30,000, she said.

Hale said the discussion is just beginning. "It's a start. We have 60 days to make it better, so we're here to work for the next 60 days."

Teachers from across West Virginia say they plan to make noise about pay raises the entire 60-day session.

Hale's comments came on the heels of a capitol rally organized by WV-AFT and the West Virginia School Service Personnel Association with teachers, retired teachers and school service personnel chanting "Teachers Vote!" and "We Want A Pay Raise!" as lawmakers and the governor entered the House Chambers for the State of the State Address.

The WVEA is planning its own teacher rally Monday at the capitol.

Bob Brown, executive secretary of the personnel association, also was critical of the pay proposal.

"We're pleased to be on the governor's radar screen as it relates to salary but the 2.5 percent bonus, as I understand it, a one time bonus, is just simply unacceptable at this point.

"So, we get a one-time bonus, $600 or thereabouts, if you're going to work another 10 years that equals $60 a year. We want an across-the-board salary increase, not a bonus," he said.

Manchin proposed a one-time payment worth 2.5 percent of a worker's salary with no payment exceeding $1,200.

Delauder blamed Manchin for being too committed to providing money to shore up the state retirement systems because of unfunded liabilities that have accrued.

"Those are sins of the past," Delauder told the Charleston Daily Mail. "It's time to invest in education in West Virginia."

As part of his pay proposal, Manchin vowed to ensure no teacher makes less than $30,000 a year. About 2,000 of the state's teachers make less than that now, officials said.

The governor also suggested raising the pay bonus for teachers who get certified by the National Board for Professional Teaching Standards to $3,500 per year for the next 10 years.

"We're pleased to be on the governor's radar screen as it relates to salary but the 2.5 percent bonus, as I understand it, a one time bonus, is just simply unacceptable at this point." – Bob Brown, executive secretary of the West Virginia School Service Personnel Association

Based on comments by Rob Alsop, state revenue cabinet secretary, the overall cost of Manchin's teacher pay package is around $29 million. The 2.5 percent pay raise alone accounts for $26 million.

If the state were to give WVEA the 6 percent it wants, Alsop said it would cost about $62 million.

Manchin has committed $115 million to teacher pay raises and supplements, the first comprehensive pay package in 15 years, the governor said. He said he has put $672 million into the troubled teachers' retirement program and will put another $59 million into it this year.

Delauder said Manchin's proposed pay raises would do nothing to raise the state from its 47th ranking for teachers' salaries, with the average teacher in West Virginia making $38,360 compared to $47,761 nationally.

Governor commits to safe and drug-free schools
In other education-related proposals, the governor turned his attention to "school emergencies" and safe schools, proposing a system that will provide "resources during a school emergency that can identify critical information such as school floor plans, locations of hazards and means of access for emergency responders.

"It will be web-based and give first responders the most vital and current information possible during a crisis." The governor also announced an initiative relating to classroom and student bullying in schools.

"Schools should be places where you enjoy the process of growth and learning; not places of fear and intimidation. For the protection of students, teachers and school service personnel alike, I will do everything possible to make our schools bully-free," Manchin said.

Manchin proposed that all new Executive Branch employees be required to pass a drug test before being hired. "For the safety of everyone involved, when hiring a child protective services worker, a daycare center screener, a homeland security employee or even a data entry clerk who has access to citizens' personal information, we must know that we are selecting only drug-free individuals to fill these important state positions. And I would encourage our other two branches of government, along with our constitutional office holders, to do the same," he said.

Jobs and economic development tied to education
Other education-related initiatives relate to jobs and economic development, with Manchin saying he would continue to work, through a state jobs cabinet, to implement the 21st Century Learning initiative, which was spearheaded by State Superintendent of Schools Steven Paine, Ed.D.

He also wants to state to establish a public outreach campaign to encourage students to succeed in high school and attend college. Additionally, he said he will create by executive order the Governor's Workforce Planning Council. He said the council will "identify current and future workforce needs, communicate these needs to our two-year colleges, and ensure that our academic programs are ready to meet these needs."

SEEDS program to help struggling schools
To ensure teachers and students have the skills needed for "this new economic world in which we live," Manchin announced a program he dubbed SEEDS, Student Educational and Economic Development Success.

Manchin said SEEDS is based on the best-practice program pioneered by the Council for Educational Change in Florida. In West Virginia, the SEEDS will be a public-private partnership between the state and The Education Alliance. He said the objective is to "transform struggling schools through the use of well-established business practices such as time management, goal setting and measurement of performance."

The governor said the program is a voluntary tool to "help those schools that most need intervention and whose principals are open to change and are enthusiastic about the program's infusion of new thinking and strategies."

Protecting community schools
The governor said to reinforce health and safety efforts and to better protect local community schools, he is directing the School Building Authority to ensure "all of its funding guidelines are considered equally so student health and safety is given just as much weight as economies of scale when making its funding decisions."

"It's a start. We have 60 days to make it better, so we're here to work for the next 60 days." – Judy Hale, WV-AFT president

State to hire America's Promise director
Using money provided by Chesapeake Energy, the state will hire a statewide America's Promise Director who will work to ensure we "keep these five promises to our children: That they have a caring adult in their life; a safe place; a healthy start; be taught a marketable skill; and learn to give something back."

Obesity prevention and health issues on the agenda
The governor announced the West Virginia Healthy Lifestyles Coalition, in conjunction with the Benedum Foundation and West Virginia Main Street, is developing the infrastructure to implement consistent, comprehensive obesity prevention, community projects and control strategies at the local level.

In addition, he said a number of West Virginia-developed health initiatives, including the CARDIAC Project, a statewide health screening program; the popular "Dance, Dance, Revolution" program known as West Virginia Games for Health; and the "I am Moving, I am Learning" Head Start series, have received national attention, with the professionals leading them being sought to share their experiences and expertise throughout the nation.

Manchin said the Healthy Lifestyles Coalition and its partners are exploring collaboration with the Robert Wood Johnson Foundation to conduct a comprehensive evaluation of the impact of the original Healthy Lifestyles legislation.

Fiscal management, tobacco money
Manchin wants lawmakers to set aside $117.5 million for the state's "rainy day'' reserve fund, and to reserve $39.6 million to prepare for a projected Medicaid revenue shortfall in 2010. The governor also wants to persuade the Legislature to sell West Virginia's rights to future tobacco settlement payments if doing so can raise a minimum of $700 million.

The tobacco rights proposal was not mentioned in Manchin's speech, but his budget team believes it could be a crucial aid to reduce state debt. Former governors Bob Wise and Cecil Underwood both had similar plans, but neither could persuade lawmakers to go along with them.

Now may be a good time to sell the bonds, since West Virginia's portion of the 46-state settlement has been in decline. The state was expected to receive a total of up to $1.2 billion through 2025. However, its payments have fallen to as little as 83.5 percent of projections in recent years because of declining cigarette sales and market share for major brands.

Although the market for such bonds collapsed in 2004, Joe Martin, Manchin's deputy chief of staff, said now is the time to take advantage of an improving fiscal climate for the bonds. Some legislators cautiously accepted the possibility of selling the bonds.

"I would probably support taking the dollars now, as long as we could take that revenue and pay down the long-term debt,'' said House Finance Chairman Harry Keith White, D-Mingo. "But, I want to see what kind of securitization we can get.''

Apart from the bonds, Manchin's budget proposal is generally conservative on fiscal matters, which Manchin said was important in improving the state's five-year budget forecast. Although the State Budget Office predicts rocky times beginning in 2011, the outlook has improved since last year's forecast, Manchin said.

"If we can continue to make good, responsible decisions, we will be able to contain spending growth so that future projected deficits can have minimal impact on taxpayers." - Gov. Joe Manchin

"Positive changes have produced positive results,'' he said. "If we can continue to make good, responsible decisions, we will be able to contain spending growth so that future projected deficits can have minimal impact on taxpayers.''

Roughly $3.8 billion of the governor's budget for the fiscal year beginning July 1 would come from general revenue, an increase of $322 million, or less than 10 percent over current spending.

Deputy Revenue Secretary Mark Muchow warned that West Virginia has been collecting significant tax revenue based on volatile sources, like energy prices, corporate income and lottery profits. Some of those revenues are expected to drop off starting in 2008, he said.

To safeguard the state, Manchin wants to increase the rainy day fund to 10 percent of the general revenue budget to be more in line with the policies of other energy reliant states, such as Wyoming and Alaska, Muchow said.

Sources: West Virginia MetroNews, The Charleston Daily Mail, Associated Press and WVSBA reporting.

The West Virginia Board of Education on Jan. 10 called for a state of emergency in the Fayette County School system and unanimously voted to place Fayette County Schools on non-approval status.

An announced Education Performance Audit was conducted in the Fayette County Central Office and selected other schools in November 2006. The Office of Education Performance Audits (OEPA) conducted the review, which focused on standards relative to school and student performance and progress. The review also consisted of financial and personnel evaluation.

"The report that the board received today from the OEPA sends up a red flag and we must take swift and immediate action," said Board President Lowell Johnson. "The Board's key concern is always for the students of West Virginia. The issues in Fayette County must be corrected immediately for their sake."

More serious violations included irregularities in hiring and financial practices, low student achievement levels, and leadership issues. To correct the deficiencies in Fayette County schools the West Virginia Board of Education voted to appoint an improvement consultant team to make recommendations within 60 days for correcting the emergency.

"I welcome any assistance provided by the West Virginia Department of Education," said Fayette County Schools Superintendent Chris Perkins. "The day after we received the OEPA report, we began to take action. I can assure you that I will be committed to addressing these findings and implementing any recommendations."

Fayette County will be given six months to make progress in correcting deficiencies and implement recommendations presented by the improvement consultant team. For more information about the recent Fayette County School System OEPA report, contact Kenna Seal, OEPA Executive Director at (304) 558-3788.

-- From the West Virginia Department of Education.

 

Administrative Perspective

By Martha Dean
Executive Director, West Virginia Association of School Administrators

The Legislature is really here in Charleston and is beginning its work. Many issues are looming on the horizon to generate the drafting of bills and to require school administrators and school board members to become involved in the legislative process.

WVASA has four priorities for this session, and they are posted on our Web site, www.wvasa.org. However, we previously discussed issues surrounding any change in the grievance procedure and how recent court decisions may affect our work.

On Jan.10, Howard O'Cull led a meeting of interested parties to discuss the impact of the Supreme Court decision about the requirement that Kanawha County support its libraries according to defined levels of support. This is likely to be a topic for more than just the nine counties currently required by law to support libraries.

It was clear to me, as I listened to others and tried to decide my position on the issue, that the Library Commission and school boards are not likely to completely agree on what changes can be made that will not take education dollars from counties but also won't lose a large amount of library funding.

I attended the State of the State Address on Wednesday evening. Gov. Manchin began his speech talking about the mining accident a year ago and the changes it stimulated throughout the year to increase awareness of mine safety. He pledged to continue to work until West Virginia mines are recognized as the safest mines in the country. He emphasized safe working environments for all and said he wanted drug testing for new hires and assurance that persons in positions where they work with children will not harm them.

Retirees currently are limited to substituting 140 days a year, but a proposed bill would either remove that limitation or expand the number of days to help ensure classroom coverage.

The safety issue also was related to the operation of schools. He unveiled a School Building Authority program that would provide $10 million to help school boards better secure and monitor access to public schools. He also emphasized that students and teachers should not be subjected to bullying in the schools.

After the governor talked about the money saved and this year's financial outlook being better than last year's, he pledged to work for salary increases for teachers, school service employees and other state workers. His program is a 2.5 percent raise for all teachers and a floor of $30,000 for all beginning professional educators. If this is enacted, $877 million will have been spent to improve teachers' salaries during his administration, he said.

He emphasized the role of improved technology in West Virginia's future by pledging to make sure every state citizen has broadband access by 2010. The governor continues to support the 21st Century Learning Initiative so every student can gain the skills needed to be a successful citizen in the 21st century.

A final thought that stuck with me is that he indicated the SBA must consider all its criteria in awarding funds to build new schools. He particularly said health and safety must be every bit as important in making decisions as economies of scale.

The Education Committee met at 9 a.m. on Jan. 11 for an organizational meeting. Del. Mary Poling, D-Barbour, Education Committee chairwoman, ran the meeting well, and was supported by committee vice chairman, Del. Brady Paxton, D-Putnam. The makeup of the committee includes 12 members returning from last year, eight experienced legislators newly assigned to education, four freshman legislators and one who was returning after a one-term absence from the Legislature.

Fourteen of the members are career educators, having held a variety of positions. As they introduced themselves, all committee members said they want to improve education in West Virginia and serve the state's students and citizens.

Poling said morning meetings would begin at 9 a.m. and afternoon meetings would follow the floor sessions. They will not have a regular schedule of meetings at this time. A bill they hope to take up early next week would change the law concerning the ability of retired teachers to substitute.

I haven't seen the bill, but several counties are having a difficult time filling regular positions and substitute positions. Retirees currently are limited to substituting 140 days a year. I believe the proposed bill will either remove that limitation or expand the number of days to help ensure classroom coverage.

 

WVSBA Briefs

The West Virginia School Boards Association is preparing for its 2007 Winter Conference Feb. 16-17 in Charleston at the Marriott Town Center hotel.

The West Virginia School Boards Association/West Virginia Association of School Administrators “Reception With Legislators” is scheduled for Thursday, Feb. 15 from 6 p.m. to 8 p.m., followed by the WVSBA Executive Board meeting.

The Winter Conference tentatively includes the following programming, which awaits final approval from the West Virginia School Boards Association/West Virginia Board of Education School Board Member Training Standards Review Committee.

In addition to the training sessions themselves, which will include 8.25 hours of school board member training, the conference features visits with legislators, arranged by WVSBA. These visits to the capitol are Friday, Feb. 16, from 9 a.m. to noon, preceding the conference program that begins at 1 p.m.

This is the last planned association training session until May. That program will provide 4.5 hours of training, as it is a "drive-in" conference similar to the program format for this past November's school security workshop.

About 130 have registered for the conference.

 

Resources

By Jim Slaughter, Esq.

The secret to standing-room-only meetings is no secret at all. It begins and ends with planning. And it doesn't hurt to start on time.

Think of the many hours you spend on planning-related activities for your community — things like budget forecasting, strategic planning, and disaster preparation. Do you put the same forethought into organizing your meetings? Probably not. Both monthly board meetings and annual member meetings tend to be loosely thought-out and implemented by the seat of the pants.

This is unfortunate. Because, just as meticulous preparation leads to a seemingly effortless party, good meeting plans lead to better meetings.

Before the gavel strikes

What happens before a meeting is often as important as what happens during the meeting. Indeed, the success of most meetings is determined long before the gavel comes down. Start by asking — and answering — each of the following questions:

Why meet at all? Some groups have to come together because their governing documents require so many meetings per year. However, studies also show that many meetings are a waste of time. Generally, the best reasons for meeting as a group are for decision making, problem solving, planning, and evaluation. By contrast, if the sole purpose of a meeting is to give information, there may be easier ways to accomplish that, such as a letter or e-mail.

What are the desired outcomes? There's a difference between discussing a dues increase and adopting one. Your meeting plan should reflect such differences. For example, if the desired outcome is to adopt a dues increase, you should arrange the meeting so there is a specific proposal to raise the assessment, followed by discussion and a vote (with consideration on how to verify a close vote).

Who is responsible for each item on the agenda? Far too often, the presiding officer handles everything on the agenda. This is understandable, in that the president usually feels most responsible for a meeting's success. However, meetings run more smoothly, are more inclusive, and likely will be more productive if you give other board members — and even certain residents — responsibilities as well. Even simply allowing a board member to report on a project can help prepare that member for future leadership roles. And residents are more likely to feel they're an important part of the association if they do more than sit and listen.

Have you confirmed the setting? Meetings often fail not because of the items on their agenda, but because of the atmosphere in which they occur. Rooms that are too large or small, hot, cold or noisy can affect participation. Plus, have you tested all your equipment — lectern, microphone, overhead projector — to make sure it won't malfunction?

Even a room's layout can drastically alter the atmosphere. Auditorium or "classroom" style seating, for example, usually leads to less participation by members. In contrast, an oval or circle arrangement invites discussion. A compromise often used for board meetings is a horseshoe pattern, with the presiding officer at the leadership position at the open end. This layout encourages participation, but acknowledges the chair is running the meeting.

Do you follow the standard order of business? The general outline in which business is taken up during a meeting is known as the "order of business." Parliamentary procedure books, including Robert's Rules of Order Newly Revised (10th Edition), recognize a "standard" order of business:

Opening the meeting. Once a quorum is present and it's time to begin, the presiding officer calls the meeting to order: "The meeting will come to order."

Approval of minutes. In meetings where minutes are to be approved, distribute the minutes to members in advance (and have extra copies on hand), so you don't have to read them aloud. The presiding officer can ask, "Is there any objection to approving the minutes?" If there is no objection, the minutes are approved. At an annual meeting, you typically don't approve minutes. Instead, the board or a committee should approve the minutes at one of its regularly scheduled meetings.

Reports of officers, boards, and standing committees. The first substantive business item is usually to hear from the officers and established boards and committees. Your presiding officer should find out in advance who needs to report, and only call on those officers, boards, and committees.

In such instances, no motion is necessary following the reports. A motion "to adopt" or "to accept" a report is seldom wise except when the report is to be issued or published in the name of the organization or there are recommendations to be implemented. For example, the budget committee may have studied your dues structure. In her report, the committee chair might thank the members of her committee for their hard work and explain in detail the committee's position and reasoning. At the end of her report, the chair would close with, "On behalf of the budget committee, I move that monthly dues be increased by $10 per month."

Unfinished business. Unfinished business refers to matters carried over from a previous meeting. For organizations that meet at least four times a year, unfinished business may include any matter that was pending when the previous meeting adjourned, was on the previous meeting's agenda but wasn't reached, or was postponed to the present meeting.

Your presiding officer should know if there are items to be considered under unfinished business and doesn't need to ask, "Is there any unfinished business?" Instead, the presiding officer simply proceeds to the first unfinished item. If there is no unfinished business, you can skip this category altogether.

New business. Most work in a meeting is accomplished during the time slot devoted to "new business," when members can introduce any new item for consideration. As a result, your presiding officer may be unaware of what items will arise under new business (unless you require advance notice for this category).

The presiding officer introduces the heading of new business by asking, "Is there any new business?" A member then can introduce a new item of business by making a motion and obtaining a second. Following the consideration of each item, the presiding officer asks, "Is there any further new business?" This process continues until there are no additional items.

Closing the meeting. In most assemblies, the presiding officer can adjourn the meeting without waiting for a motion to adjourn. If all items of business have been considered, your presiding officer can ask, "Is there any further business?" If there is no response, the presiding officer simply states, "Since there is no further business, the meeting is adjourned."

Have you created an effective agenda? As the order of business suggests, there's nothing more important to a successful meeting than a well-planned agenda. At a minimum, a good agenda has a start and an end time for the meeting. Obviously, knowing in advance when the meeting will end requires careful planning and a review of every item on the agenda.

Some boards also like a start and end time for each individual item. (See "Sample Timed Agenda.) Such scheduling is a good idea if you're trying to prevent long meetings or have several controversial items to be considered. If you do adopt a timed agenda, realize that the start and end points are locked in. When the designated time for finishing an item arrives, your presiding officer announces that the allotted time has elapsed; a vote is taken if the item requires action. Obviously, you can always vote to modify a timed agenda. By contrast, if you don't adopt a timed agenda, any times listed next to your items of business are for guidance only.

Should you require agenda items in advance? Some governing documents require that business items be submitted in advance. Without question, it helps in planning your agenda to know if there will be one or 10 business items. Plus, allowing items to be brought up on the fly can lead to poorly thought-out motions—and, even if you require prior submission, you probably have a mechanism to suspend the rule as needed.

Is everyone prepared? Distribute the agenda and any documents needed for the meeting in advance, even if only by e-mail. In addition, make sure everyone on the agenda knows his or her role.

Down to business

Of course, all the planning in the world will mean nothing if you can't use it to run a smooth, productive meeting. Here are some suggestions for putting your plan into action.

Start on time. Delaying a meeting encourages members to be late and punishes those who were on time.

Stick to the agenda. Stay focused on your desired outcomes by using an agenda. An agenda — particularly a timed one — can keep the meeting from getting bogged down on one issue. If you're using a timed agenda, stay on track by ending each item on time.

Have an end point. Similarly, to avoid unproductive tangents and circular discussions, establish an end time in advance, and adjourn the meeting when you reach it.

Pre-empt debate. Resolve non-controversial items through "general consent" or "unanimous consent." Under this method, the presiding officer asks, "Is there any objection to...?" For example, "Is there any objection to ending debate?" If no one objects, debate is closed. If a member objects, you can resolve the matter with a motion and vote. You can also use general consent to adopt reports and motions and approve minutes. In fact, try to place a "consent agenda" near the start of the meeting that includes all non-controversial items, such as adoption of the minutes. Any member can request that an item be removed from the consent agenda and placed on the regular agenda for consideration and vote. The remaining consent-agenda items are then unanimously approved as a unit without discussion.

Manage discussion. Set the discussion time prior to addressing potentially lengthy issues: "Is there a motion to limit total debate to 30 minutes?" (Such a motion generally requires a two-thirds vote.) And encourage new discussion — and prevent repetition — by asking for speakers who have not spoken.

Alternate pro and con. After hearing from a proponent, ask, "Is there anyone who wishes to speak against the motion?" When no one wishes to speak on a particular side, ask for unanimous consent to end debate: "Is there any objection to closing discussion? Hearing no objection, discussion is closed." If people from both sides do continue to speak, pay attention to the length and quality of their remarks. When the discussion seems to have reached the point of diminishing returns, ask for a motion to end discussion: "Is there a motion to close debate?" Most parliamentary books allow debate to be closed with a two-thirds vote.

Encourage and equalize participation. Discussion at meetings is often monopolized by a single person, but several formal parliamentary rules are designed to prevent this. For example, no one should speak a second time while there are members who wish to speak a first time. Ask, "Is there anyone who wishes to speak for [or against] the motion who has not yet spoken?" If a member has not participated during a discussion, your presiding officer might even ask, "Mary, do you have any thoughts on this matter?"

Use proper procedures. Several states have adopted or considered legislation that mandates a parliamentary authority for association meetings. North Carolina statutes covering both homeowner associations and condominiums, for example, provide: "Except as otherwise provided in the bylaws, meetings of the association and the executive board shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised." If your state has such language, you must follow it. However, even in the absence of a statutory mandate, proper procedure can help turn long, confrontational meetings into short, relatively painless ones.

Use formal procedures when appropriate. Your annual meeting must be fairly formal; because of the number of people in attendance, informal discussion is simply impractical. That means observing limits on debate to keep the meeting on track and using formal votes to help avoid legal challenges.

Use informal procedures when practical. Smaller boards can be less formal. In fact, formality can actually hinder business in a meeting of fewer than about a dozen people. As a result, Robert's Rules of Order Newly Revised recommends that in smaller boards:

Some smaller boards don't like this informality and stick to formal procedure at every meeting. Certainly, even informal boards should be more formal on matters of sufficient importance or controversy.

Control interruptions and digressions. Digressions are matters off-point to the issue under discussion. A good presiding officer might acknowledge a tangential issue that has been raised but note that it's not relevant to the discussion and should be taken up later. (If you do make such a promise, remember to follow up on it.) Some boards and committees use a chalkboard or flip chart to "park" such digressions. Similarly, if a member attempts to monopolize discussion, you may have to nicely state that because the member has already spoken, other opinions are needed.

End on a positive note. You cannot thank your volunteers too often — especially these days, when people can come up with many alternatives to attending their association's board or annual meeting. Thanking members for their time is not only gracious, but likely will result in greater enthusiasm for the association. And that in turn can lead to even better meetings.
Jim Slaughter is president of the law firm of Forman Rossabi Black, P.A., in Greensboro, N.C. He is a certified professional parliamentarian-teacher and a professional registered parliamentarian. For more charts and articles related to meeting procedure, visi www.jimslaughter.com.

Additional resources
“The A-B-C's of Parliamentary Procedure.” $3.75
American Institute of Parliamentarians, (888) 664-0428, www.parliamentaryprocedure.org.
“Conducting Meetings: A Guide to Running Productive Community Association Board Meetings,” edited by MJ Keats. $22
”Meetings & Elections: How Community Associations Exercise Democracy,” by P. Michael Nagle, Esq. $25

 

First Day - Jan. 10, 2007: First day of session. (WV Const. Art. VI, §18)

20th Day – Jan. 29, 2007: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)

41st Day – Feb. 19, 2007: Last day to introduce bills in Senate. Does not apply to originating or supplementary appropriation bills. (Senate Rule 14) Does not apply to Senate resolutions or concurrent resolutions.

45th Day - Feb. 23, 2007: Last day to introduce bills in House of Delegates. Does not apply to originating or supplementary appropriation bills. (House Rule 91a) Does not apply to House resolutions or concurrent resolutions.

47th Day - Feb. 25, 2007: Bills due out of committees in house of origin to ensure three full days for readings.

50th Day - Feb. 28, 2007: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills. (Joint Rule 5b)

60th Day - March 10, 2007: Adjournment at Midnight. (WV Const. Art. VI, §22)

- From the West Virginia Legislature

 

Commentary

By Howard M. O’Cull
Executive Director, West Virginia School Boards Association

In the October and December 2006 issues of The Legislature, I explored notions regarding rogue county board members and micromanaging board members.

Although some thought my reasoning was a distinction without a difference, I contend there are significant differences between the actions of those county board members who would disrupt the operations and functions of the board by undermining demeanors and approaches, and those members who go on expeditions, some far at sea, to get information about the school system, system programs and system effectiveness.

But let’s not dwell on rogue members. Rather, let’s concentrate on how to effectively deal with micromanaging members.

Here are my suggestions:

Similarly, good meeting management is required to maintain the petitioning board member’s decorum, relevance of questions and questioning techniques. Don’t let things get out of hand. Most of all, be sure the micromanaging member stays on course by providing him or her sound information.

By “investigations,” I mean when the micromanaging member wants the board to delve into the system in a way most often reserved for the administration. I must sound the clarion call: This is not necessarily bad policy and indeed it is sometimes necessary. But the necessity of this approach – corporate board intervention into the system – should be undertaken most cautiously.

Unless the micromanager’s conduct is so egregious that it disrupts board role and function, especially in a way that undermines the board, let him go to his tasks.

As an example, corporate board intervention may be necessary to “investigate” matters that have been long-neglected by the superintendent and administration, such as egregious facility conditions, system malaise, bad morale and the like. By intervention, we don’t mean actual county board members taking ownership of these problems – something micromanaging members would like. Instead, the corporate board directs the county superintendent to provide information to address members’ questions. When the information is secured, the superintendent may make recommendations about how to address the problems.

Bottom line: The micromanaging members, having different community pulses, may have more information about system matters because they are informed by different persons. Thus the information they acquire may vary from official central office information. Just because this information is available and procured by the micromanaging member in particular, doesn’t “equal” system intervention. The availability of this information, however, may force the corporate board to take some issues more seriously.

The micromanaging member requires bouts of patience. He or she is prone to ask questions – lots of questions.

The way to address this issue is for the central office to provide county board members with progress reports relating to implemented programs, services and endeavors, including warts-and-all information. Note that the information will go to the county board as a whole given our notion of the corporate board. By providing the micromanaging member this type information – again in her role as a member of the corporate board actually receiving the information – the board can focus as a body on the reportage and determine if further board action is warranted.

Quite frankly, some superintendents are reluctant to share this type information with their boards or information which could make them, the central office or system look bad. This attitude nurtures board micromanaging because the micromanager has entirely different sources, systems and pipelines for information and is proud to share them. The remedy is to provide the corporate board information from various sources regarding program effectiveness.

The approach also may include county delegations or may include others who come before the board to discuss issues significant to them and as prompted by the micromanaging member. Again, the board must show courtesy to the micromanaging member but, as a corporate body, does not have to assume or display the same levels or degrees of interest in them.

Bottom line: Micromanaging board members, even though non-aligned or acting independently of the corporate board, may seek to secure board sanctions and blessings for issues of importance primarily to them. Sometimes this may be good. Most often, however, the board is placed in jeopardy because they may have – through limited information plied by the micromanaging member – committed themselves to take positions of narrow corporate board interest.

There actually is very little one can do about a micromanaging county board member without the corporate board being seen as villainous.

But what can be done is provide micromanagers with sound information (along with other members of the board), let them voice their opinions in board meetings (as tempered with good meeting management), and let them try to accomplish some of their goals and objectives (as long as two other members go along).

For too long, micromanaging members have become the brunt of calls for censure and removal from office. (A Harrison County board member actually was removed from office for micromanaging.)

Unless the micromanager’s conduct is so egregious that it disrupts board role and function, especially in a way that undermines the board, let him go to his tasks. Just be sure the corporate board can continue to work as the corporate board and not succumb to the micromanaging member’s agenda.

I end where I started. Most micromanaging board members in West Virginia are after information. Even if the information validates only their causes, how much energy should be spent on attempting to control them?

The best answer lies with effective policies regarding gathering and use of information, good meeting management and a commitment and desire for the board, to the degree possible, to work together.

The best answer lies with effective policies regarding gathering and use of information, good meeting management and a commitment and desire for the board, to the degree possible, to work together.

If all members of the board cannot work together corporately, diagnosis is in order. If the micromanaging member has disrupted board corporate effectiveness, then some action may be in order. What type action? Perhaps there is no easy answer, but the best approach may be to let the micromanaging member know his or her actions have disrupted the system. While this appeal may not change the micromanaging member’s behavior, this a better approach than being drawn into a battle with the micromanager.

In the end, you may win the battle but with micromanagers, you likely will lose the war.

Bottom line: Micromanaging members, fueled for a need to acquire information and often displaying degrees of insecurity, are here to stay. By trying to control their behavior, the corporate board plays the micromanager’s game – just as they want.

Unless the micromanager evolves into a rogue member (see the October 2006 issue of The Legislature), her greatest achievement is to draw the corporate board into her issues.

Godspeed.

 

ETC

The Feb. 7, 1997, issue of The Legislature announced new Gov. Cecil H. Underwood would present the keynote address at the West Virginia School Boards Association’s Winter Conference. WVSBA President Arnold W. Harless (Wyoming) urged members to attend the conference Feb. 28 through March 1.

Underwood was elected governor in November 1996.

“The state’s responsibility ends at your front door.” – Gov. Cecil H. Underwood

In a 46-minute State of the State Address, Underwood called for a “new vision of (state) government. Not more government, but better government.” He also called for “modest funding” for Senate Bill 300, a controversial “Jobs Through Education Act,” as well as noted that the state Center for Professional Development (CPD) should “focus its programs on school management, academic excellence, and adapting its programs to the local needs of each county.”

Underwood said parents and grandparents should be more involved in their children’s schooling. “The state’s responsibility ends at your front door.”

He said parents could enrich students’ learning through computers, books and “(by encouraging) them to do their best every day.” The late Kevin Boggs, then West Virginia Education Association president, criticized Underwood for not following up on an Underwood Transition recommendation for a multi-year teacher pay raise.

The publication also reported that Harless presented WVSBA’s 1997 legislative agenda to the West Virginia Board of Education. The lead item on the agenda was a “systemic review of school funding” in West Virginia.

The second priority called for no unfunded mandates from the Legislature or state board of education. Also notable was outgoing Gov. Gaston Caperton’s appointment of Wheeling lawyer Sandra Chapman to the WVBE.

Meanwhile . . . in Massachusetts — Officials target elementary teachers' math skills

Massachusetts education officials, worried that many elementary teachers struggle with math, are making it harder to get a teaching license and urging colleges to offer more demanding courses for aspiring teachers. The push follows years of concerns that elementary school teachers are passing on limited math skills to their students.

Teachers' unions worry the emphasis on math could detract from other subjects, but state officials said the economy demands stronger skills. Massachusetts students lead the nation on national standardized math tests. Still, fewer than half the state's students demonstrate a solid command of math on those tests. And on the state exams, elementary scores have been flat for two years.

To boost teachers' skills, the state board of education last month voted to create a broader math subtest elementary school teachers must pass to earn a license, starting in 2008. A separate test will place greater scrutiny on teachers' skills.

-- From the Boston Globe, Jan. 7, 2007

“Some people wait so long for their ship to come in, their pier collapses.” – John Goddard, world-famous adventurer and teenage author most known for his amazing “Life List” of accomplishments which he developed at age 15.

“So with that in mind, and with the perseverance and pride of the people of West Virginia serving as the mortar binding our achievements together, let us once again follow the legacy of our state’s brave miners and put on our work clothes, strap on our boots and continue pushing forward.”

– Gov. Joe Manchin in his Jan. 10 State of the State Address

“From trying to help someone get a pothole filled to balancing the state budget, it’s a monumental job. He (Senate President Earl Ray Tomblin, D-Logan) manages staff, administers policy and oversees the Senate's operations year-round. It's wall-to-wall appointments for him every day until Jeopardy comes on TV.

“It's tough on him. He has a young son who plays basketball. People need to understand that the legislative branch is equal to the executive and judicial branches. If they're coequal on responsibilities, they should be coequal on compensation.”

– State Senate Attorney Raamie Barker about Tomblin’s support of a legislative pay increase Gov. Joe Manchin proposed in his State of the State Address. Legislators last received a pay increase in 1994.

"It's a drop. It’s like a penny.”

– Kanawha County first grade teacher commenting on the governor’s teacher pay plan

“I’m going after professional development in a major way during this legislative session.”

– State Superintendent Steven L. Paine, Ed.D., in comments to the state Board of Education

 

Last Word

By Hoppy Kercheval
Host of West Virginia MetroNews Talkline

The Manchin Administration is bracing itself for fallout from the governor’s teacher pay raise plan.
The governor last night proposed a one-year, 2.5 percent increase for teachers and the provision that no teacher will make less than $30,000 a year. That will cost the state an estimated $26 million.

Teachers want more.

“Schools should be places where you enjoy the process of growth and learning…” – Gov. Joe Manchin in his Jan. 10 State of the State Address.

You could hear them last night in the capitol before the governor’s State of the State speech, chanting and making their presence known.

The West Virginia Education Association, the state’s largest teacher’s union, is pushing an increase of 6 percent each year for the next two years. That would cost the state about $120 million.

There’s a big difference here.

You can hear the frustration in teachers’ voices. They think they’re overdue. In fact, the WVEA is passing out buttons to members that say just that, “Overdue.”

They say they’re 47th in the nation in teacher pay, a figure one administration official privately disagrees with.
They say counties can’t hire young teachers just starting out because they can make so much more in surrounding states, but the governor has proposed a plan to pay starting teachers more.

Manchin has established himself as a responsible steward of the state’s finances. He’s used surpluses to pay down $1 billion in state debt. He’s been careful about adding any significant new spending that would burden future administrations.

This governor is no drunken sailor.

His economic advisers are in his ear telling him revenue collections for the state are going to slow down considerably over the next couple of years. That’s a function of the boom-bust cycle of the state’s energy-dependent economy.

It all makes sense to him and the number crunchers, but the chanting teachers echoed loudly through the marble halls of the capitol. These are two significant forces — school teachers and a strong-willed governor.

Who’s going to give?

From West Virginia MetroNews, Jan. 11, 2007, www.wvmetronews.com

 

The Legislature is published by the West Virginia School Boards Association. It provides county board of education members, state policymakers, school administrators and the education community information and opinions regarding West Virginia legislative issues. The views expressed in this publication do not necessarily reflect official opinion or policies of the WVSBA, unless specifically stated.

West Virginia School Boards Association
PO Box 1008
Charleston, WV 25324
Phone (304) 346-0571 • Fax (304) 346-0572 WVSBA.ORG

Kim Cooper (Raleigh), President
dukecoop77@yahoo.com

Jean Westfall (Ritchie County), Chairman
WVSBA Committee on Communications*
Ljwm1108@ruralnet.org

Howard M. O’Cull, Ed. D., Executive Director, Editor
hocull@wvsba.org

Shirley M. Davidson, Administrative Assistant,
Production and Circulation
sdavidson@wvsba.org

* Committee on Communications: Judi Almond (Raleigh), Beth
Cercone (Clay), Bob Duckworth (Taylor), David McCutcheon (Roane),
Mike Mitchem (McDowell), Nancy Walker
(Monongalia), Don Tuttle (Wetzel)

Vincit omnia veritas
“Truth conquers all”