WAPAKONETA CITY BOARD OF EDUCATION

The Wapakoneta City Board of Education held their organizational meeting on Wednesday, January 4, 2006, at 6:00 p.m. at the Board of Education Office. The meeting was called to order by President Pro Tem Willie Sammetinger. Roll call was as follows: Copeland, aye; Mertz, aye; Frame, aye; Kantner, aye; and Sammetinger, aye. Also in attendance were Superintendent, Keith Horner; Treasurer, Susan Rinehart; Business Manager, Don Arnett; and media representative.

The Pledge of Allegiance was led by Willie Sammetinger.

ELECTION OF OFFICERS – President Pro-Tem Presiding

Nomination and Election of President and Vice President

1-06 President Pro-Tem, Willie Sammetinger, as temporary chairman, called for nominations for President and Vice President, placed the names of Mertz and Copeland, respectively, in nomination.

There being no further nominations, Copeland moved that the nominations be

closed and that the treasurer be instructed to cast a vote for Ronald Mertz as

President and Dave Copeland as Vice President.

Seconded by Kantner. Roll call: Copeland, aye; Frame, aye; Kantner, aye;

Mertz, aye; and Sammetinger, aye. Motion passed unanimously.

SWEARING IN OF OFFICERS

I, Ron Mertz, do solemnly swear that I will support the Constitution of

the United States and the Constitution of the State of Ohio; and I will faithfully

and impartially discharge my duties as President in and for the said

Wapakoneta City School District, Auglaize County, Ohio, to the best of my

ability, and in accordance with the law now in effect and hereafter to be

enacted, during my continuance in said office and until my successor is chosen

and qualified.

Sworn to and subscribed before me, this 4^th day of January, 2006.

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I, Dave Copeland, do solemnly swear that I will support the Constitution

of the United States and the Constitution of the State of Ohio; and I will

faithfully and impartially discharge my duties as Vice President in and for the

said Wapakoneta City School District, Auglaize County, Ohio, to the best of my

ability, and in accordance with the law now in effect and hereafter to be

enacted, during my continuance in said office and until my successor is chosen

and qualified.

Sworn to and subscribed before me, this 4^th day of January, 2006.

________________________________________

REPORTS FROM THE BOARD

Reading of Code of Ethics for Board Members

ROUTINE BUSINESS

2-06 Copeland moved to adopt the following resolutions:

Establish Service Fund for 2006

WHEREAS, Section 3315.15 of the Ohio Revised Code authorizes the establishment of a “Service Fund” not to exceed 75 cents per student enrolled or $7,500.00, whichever is greater, to be used in paying expenses of the Board of Education or its official representatives, when said expenses are actually incurred in the performance of their duties inside or outside the school district.

NOW, THEREFORE, BE IT RESOLVED that the Board of Education of the Wapakoneta City School District does hereby appropriate for the purpose of said “Service Fund” the amount, not to exceed $7,500.00.

Authorize the Treasurer to Invest Funds Per Policy

WHEREAS, the Wapakoneta City Board of Education, during the calendar year 2006, will receive funds periodically for current expenses and other expenditures of the said school district; and

WHEREAS, the funds that are not to be expended immediately shall be invested as interim funds or inactive funds;

THEREFORE, BE IT RESOLVED that the Board of Education of the Wapakoneta City School District does hereby direct the Treasurer to invest funds during the calendar year 2006, as set forth in the Ohio Revised Code and Board Policy #6144.

Request the Advancement of Tax Settlements

BE IT RESOLVED, by the Board of Education of the Wapakoneta City School District, that the Auditor of Auglaize County, be and is hereby requested to draw warrants and the Treasurer of said county be and is requested to pay the Treasurer of this Board any money in the county treasury to the account of this Board, and lawfully applicable to the purpose of the year 2006.

Board of Education Meetings 2006

CALENDAR OF BOARD OF EDUCATION MEETINGS

2006

January 4 (Wed.) (organizational meeting) Gardenia Bd. Office 6:00 p.m.

January 17 (Tuesday) (executive session first) Middle School 7:00 p.m.

February 21 (Tuesday) High School 7:00 p.m.

March 20 (Monday) Cridersville 7:00 p.m.

April 3 (Monday) High School 7:00 p.m.

April 18 (Tuesday) Northridge 7:00 p.m.

May 15 (Monday) Centennial 7:00 p.m.

June 27 (Tuesday) High School 7:00 p.m.

July 31 (Monday) High School 7:00 p.m.

August 21 (Monday) High School 9:15 a.m.

September 18 (Monday) Middle School 7:00 p.m.

October 16 (Monday) High School 7:00 p.m.

November 20 (Monday) High School 7:00 p.m.

December 18 (Monday) Cridersville 7:00 p.m.

Fixing the Amount of Bond for Board President

BE IT RESOLVED that the bond of the President be fixed at the sum of $20,000.00 and that the President be authorized and directed to provide bond satisfactory to the Wapakoneta City Board of Education for a one (1) year period from January 4, 2006, through organizational meeting 2007.

Seconded by Kantner. Roll call: Frame, aye; Kantner, aye; Mertz, aye;

Sammetinger, aye; and Copeland, aye. Motion passed unanimously.

3-06 Mertz moved to accept the following appointments:

Appoint a Purchasing Agent/Change Order Authority

BE IT RESOLVED that Donald F. Arnett, Business Manager, be appointed the Wapakoneta City Board of Education official purchasing agent for 2006, and be authorized to approve change orders up to 10% of original contract award amount, with a follow-up report to the Board at the next regularly scheduled meeting.

Appointment to Apollo Career Center Board

BE IT RESOLVED, under the provisions of Ohio Revised Code 3311.19 (A), that Sammetinger is hereby appointed by this Board of Education to represent this Board and school district on the Apollo Career Center District Board of Education for the term beginning January 1, 2006, to December 31, 2006.

Appointment of Board Committees and Representatives

BE IT RESOLVED that the following members of the Wapakoneta City Board of Education be appointed to serve on the designated boards and committees, per Board Policy #0155, for 2006:

Representatives to the Wapakoneta High School Athletic Board/Parent Information Group: Willie Sammetinger

Dave Copeland

Members of the Education Facilities Committee: Willie Sammetinger

Ron Mertz

Members of the Finance Committee: Laura Frame

Dave Copeland

Member of the Legislative Liaison Committee: Ron Kantner

Members of the Policy Committee: Laura Frame

Ron Kantner

Members of the Student Achievement Liaison: Ron Mertz

Laura Frame

Seconded by Kantner. Roll call: Kantner, aye; Mertz, aye; Sammetinger, aye;

Copeland, aye; and Frame, aye. Motion passed unanimously.

EXECUTIVE SESSION

4-06 Sammetinger moved to executive session for the purpose of considering the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing.

Seconded by Copeland. Roll call: Mertz, aye; Sammetinger, aye; Copeland,

aye; Frame, aye; and Kantner, aye. Motion passed unanimously.

Upon returning from executive session, it was noted that five Board members were present.

PERSONNEL MATTERS

Resolution and Order of Removal and Discharge from Employment

5-06 Copeland moved to accept the following resolution:

BE IT RESOLVED by the Wapakoneta City School District Board of Education that David Heller is removed and discharged from employment, effective immediately, for dishonesty, insubordination, neglect of duty, misfeasance, malfeasance and/or nonfeasance.

BE IT FURTHER RESOLVED that the basis for the Board’s decision is as follows:

1. Mr. Heller does not have a valid boiler’s license. A boiler’s license is a necessary qualification for the job of custodian. The qualification is found in the custodian’s job description. Also, Section 12.08.2.6 of the collective bargaining agreement between the Board of Education and the Wapakoneta Classified Association provides, “If the employee loses any required certificate/license . . . such loss may affect the employee’s employment status with the District.” Mr. Heller let his boiler’s license expire in June 6, 2004. In a letter dated June 22, 2005, the superintendent directed him to pass the boiler’s license test by December 31, 2005. In a letter dated September 8, 2005, the superintendent informed Mr. Heller that he must pass the boiler’s license test by December 31, 2005 or else termination proceedings would be initiated. Mr. Heller has failed to pass the test. He does not have a valid boiler’s license, and he does not meet the qualifications for his job.

2. Mr. Heller has failed to follow the superintendent’s directives. In the superintendent’s June 22, 2005 letter, the superintendent directed Mr. Heller to take the boiler’s license test in July or August 2005. The superintendent directed that if Mr. Heller did not pass the test, then he was to enroll in a class at his own expense in the fall and take the test before December 31, 2005. Mr. Heller did not meet this directive. He did not take the test in July or August. He did not enroll in a class.

3. Mr. Heller has been dishonest about letting his boiler’s license expire. Steve Heitz asked Mr. Heller repeatedly about his boiler’s license in the spring of 2005. Mr. Heller was dishonest with Mr. Heitz when Mr. Heitz asked Mr. Heller about whether he let his boiler’s license expire. Mr. Heller also was dishonest with Mr. Heitz when he asked whether Mr. Heller registered for the test in July and August 2005. Mr. Heller was further dishonest about why he was absent from work on August 15, 2005, which was one of the dates the test was offered.

4. This is not the first time Mr. Heller has engaged in unacceptable conduct during his sixteen years of employment. Mr. Heller received a three-day suspension in May 2001 and was placed on 30-day probation in the fall of 2001 for lack of job performance. At that time, Mr. Heller was warned that any further problems would result in further disciplinary action, which could include termination. He received a three-day suspension in February 2004 based on the infraction of not giving his supervisor an honest answer about his whereabouts on January 17, 2004. Mr. Heller was warned that any further infraction that was not an honest appraisal of his work schedule, job site information, responsibilities, and not explained forthrightly would be considered insubordination and would result in further disciplinary action and be grounds for termination. In April 2004, Mr. Heller received a three-day suspension and three dock days because of serious communication deficiencies and was directed to obtain counseling.

The conduct identified by paragraphs 1-3 above constitutes grounds for removal and discharge for dishonesty, insubordination, neglect of duty, misfeasance, malfeasance and/or nonfeasance. This is particularly true in light of Mr. Heller’s employment history as identified in paragraph 4 above. Mr. Heller has failed to maintain a boiler’s license as is a requirement of his employment. Further, when school district personnel have tried to work with Mr. Heller to assist him in obtaining a boiler’s license, he has been insubordinate and dishonest.

BE IT FURTHER RESOLVED that the Treasurer shall send to David Heller by certified mail a copy of this Resolution and Order of Removal and Discharge.

Seconded by Frame. Roll call: Sammetinger, aye; Copeland, aye; Frame, aye;

Kantner, aye; and Mertz, aye. Motion passed unanimously.

The Board commented that David Heller was given an opportunity to resign.

ANNOUNCEMENTS

The next Board meeting will be held January 17, 2006, at 7:00 p.m. at the Middle School.

The Mercer-Auglaize Counties 10th Annual Boards Workshop will be held Wednesday, February 1, 2006. Dinner will begin at 6:30 p.m., Galleria, 909 E. Wayne Street, Celina. Spouses are not invited to this workshop. Also, the workshop is for schools in their insurance consortium.

The Apollo Career Center All Area Boards Dinner will be held Thursday,

February 9, 2006, at 6:00 p.m. at Apollo Career Center, 3325 Shawnee Road, Lima. Spouses are welcome to this dinner.

Board President Ron Mertz had the following comments:

- The Board members will continue the “Adopt-a-School” program for 2006

- Each Board member could retain their current school or they might shuffle buildings

- The Board will continue the student achievement/recognition program

- Board commented on what great staff members we have and thanked all Wapakoneta City Schools employees, including teachers, custodians, paraprofessionals, bus drivers, cafeteria staff, administrators, administrative assistants, maintenance, mechanics, and supervisors, for everything they do for our students.

ADJOURNMENT

6-06 Frame moved to adjourn at 6:45 p.m. Seconded by Kantner. Roll call:

Copeland, aye; Frame, aye; Kantner, aye; Mertz, aye; and Sammetinger, aye. Motion passed unanimously.

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President

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Secretary