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April 21, 2007 Minutes

The regularly scheduled meeting of the Board of Trustees, Texas School for the Blind and Visually Impaired (TSBVI), was held in Room 116 of the Administration Building, located at 1100 West 45th Street, Austin, Texas on April 21, 2007.

Call To Order: Frankie Swift, Board President, called the meeting to order at 12:06 p.m.  Other board members in attendance were Jesus Bautista, Dr. Robert Peters, Dr. Gene Brooks, Michelle Goodwin, Jamie Wheeler, and Debbie Louder.  Caroline Daley was traveling to the meeting as the session commenced.

Introduction of Audience: In addition to the Board, the following TSBVI staff were present: Carol Vaughan, School Attorney; Debra Nesbitt, Human Resources Director; Barney Schulz, Administrator for Business, Operations and Technology; and John Botti, Administrative Assistant to the Superintendent.

Public Comments/ Open Forum:  There were no public comments.

Selection of New Superintendent:  Frankie Swift thanked the staff of TSBVI for their thorough diligence in preparing for the stakeholder input session and interviews that had taken place the previous weekend.

Debra Nesbitt gave an overview of the selection process to date.

Michelle Goodwin said that she was very impressed by the students’ involvement in the stakeholder meeting. 

Jesus Bautista suggested that the Board have stakeholder input on a more regular basis, for instance by having a board member arrive the day before each regularly scheduled meeting to meet with stakeholders.

Barney Schulz said that he had found that there was still a potential for having the Texas Legislature alter the TSBVI portion of the Education Code allowing the Board to increase the salary of the superintendent.  The Board can currently set the salary to a maximum of 20% greater then the salary of the highest other administrator at the school, up to a maximum set by the Legislature in the appropriations bill.  Mr. Schulz asked the Legislature to raise that statutory maximum salary of the superintendent from $95,000 to $115,000 per year.  The Board would still have responsibility and authority to set the salary.

Mrs. Wheeler said that our superintendent salary is less than that of other schools for the blind, and those schools offer free housing for their superintendents.  The Superintendent Selection Committee had determined that this fact may make the position less desirable for any applicant who is already employed as superintendent of another school.

Mr. Schulz said that he had spoken with Daniel Harper of the Senate Finance Committee of the Texas Legislature and learned that the Senate version of the budget bill would raise the maximum salary for the TSBVI superintendent to $100,000.  The legislature had found that salary is a big issue in the recent increase in executive director resignations in state agencies. The bill must still be taken up in the conference committee.  Mr. Harper also told Mr. Schulz that he was willing to propose to Senator Ogden a special provision to the appropriations bill to change the law so as to allow the Board to set the fair market value of the Superintendent’s Residence.

Robert Peters asked whether the difference between the fair market value of the campus housing and the amount that the occupant pays to the school as rent is taxable as income.  Mr. Schulz said that he would determine the answer to that question and, if it is taxable, discuss with Carol Vaughan the possibility of having the difference not be taxable for the resident.

Mr. Schulz said that MHMR facilities in Texas have a provision that reads as follows: "Section 42: State-owned housing.  The Superintendent, Medical Director, Assistant Superintendent for Programs, and Director of Plant Maintenance at each state mental health and mental retardation facility are authorized to live in state-owned housing at a rate determined by the Department of State Health Services or the Department of Aging and Disability Services. Other department employees may live in state-owned housing as set forth in Article IX..."

Carol Vaughan said that she will draft a letter to request the legislature give the authority to the board to set the superintendent’s salary up to a maximum of $115,000 and to allow the Board discretion in setting the fair market values of the campus residence.

At 1:03 p.m. Ms. Swift announced that the Board would enter into closed session under the authority of Government Code Section 551.074 to discuss personnel matters.

At 5:10 p.m. Ms. Swift called the meeting back into open session. 

Jesus Bautista moved and Gene Brooks seconded to offer the position of superintendent to Miles Fain at an annual salary of $95,000, with the opportunity to live in on-campus housing at the rate of $330.00 per month.  The motion failed to pass. The record vote was as follows:

For the Motion:  Jesus Bautista, Gene Brooks, and Caroline Daley.

Against the Motion:  Robert Peters, Michelle Goodwin, Jamie Wheeler, and Debbie Louder.

Dr. Peters moved and Michelle Goodwin seconded that the position of Superintendent be offered to Bill Daugherty at an annual salary of $95,000, with the opportunity to live in on-campus housing at the rate of $330.00 per month.    The motion passed.  The record vote was as follows:

For the Motion: Robert Peters, Debbie Louder, Jamie Wheeler, and Michelle Goodwin. 

Against the Motion: Gene Brooks, Jesus Bautista, and Caroline Daley.

Jamie Wheeler moved and Robert Peters seconded that, if Mr. Daugherty declines the position, the position be offered to Miles Fain at an annual salary of $95,000 with the opportunity to live in on-campus housing at the rate of $330.00 per month.  The motion passed unanimously.

Mrs. Wheeler said that the Board would ask whoever accepts the position to start on either July 2 or July 9, 2007.

Announcements: There were no announcements.

Adjournment: Ms. Swift called the meeting to adjournment at 5:23 p.m.

Frankie Swift Board President Date

Gene Brooks Board Secretary Date

John Botti Recording Secretary Date

 
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