After attendance was taken and the Silver Consolidated Schools board meeting began on Oct. 15, 2020, board member Mike McMillan voiced concerns about the lack of executive sessions during the pandemic.

"I think if we're going to be meeting in the virtual format, there is a procedure to conduct an executive session," McMillan said. "This pandemic is not going away any time soon. We need to have plans to do an executive session either virtually or in person, with appropriate precautions." McMillan asked that those remarks be recorded before moving forward with the regular agenda.

Board president Eddie Flores said they are following the direction of the New Mexico Public Education Department (PED). "It's not something the board members or Mr. Brown has come up with," he said. Flores said the new guidelines from the governor to help mitigate COVID-19 also affect the ability to meet.

"We are in an unprecedented time with the pandemic. "It's new to everyone across the United States," he said. "We've had to adapt and change and ensure everyone's safety; obviously we've been governed by the governor and the PED." Flores said all board members are welcome to attend the agenda setting meeting.

Board member Dr. Michelle Diaz said she thinks the executive session could be utilized if they find a way to conduct one safely. "There are two parts, we need to adapt to this unprecedented time," she said, "But the other part is that I think we still have to carry out our duties as a board. Sometimes it is very hard to finish that business if we don't have that executive piece there." Diaz wants to find a way to have the executive session virtually.

The meeting commenced with presentations, the first of which was from Barry Ward, Director of Maintenance and Grounds. "Given some of the stuff that came up last meeting, I want to update everyone on construction and fire alarms." Ward said the six restrooms that were left are being completed, a couple weeks ahead of the original plan. Miscellaneous items have been competed as well. "The only big thing left is final cleanup and the little theater," he said. "We're moving along schedule, I'm not sure we'll be done sooner than the end of December."

Ward said they're still pushing for the certificate of occupancy. The inspection was done and has been submitted to fire marshal Ray Torres. "I expect we'll have our temporary certificate of occupancy. That piece is moving along as planned." Ward said fixing the fire alarm system has not been easy as the expectations have changed a few times throughout the process. The issue initially was explained as a syncing problem with the lights and alarms. Then Ward was informed the fire alarm system would need completely updated to the 2015 code. "We followed up for clarification again and are trying to set a conference call with the administration and contractors," he said. "I wish I had something more definitive for you but I do not, it's a bit of a grey area, the target has been moving." Ward said once they have the conference call he is confident they will move forward.

Diaz asked if the temporary certificate of occupancy extends to the ability to hold conditioning sessions for athletes.

"They have been given permission to have practices and should get the temporary certification of occupancy to operate under normal conditions," Ward said. He said there will be a final certificate when construction is completed and that activates can continue until that time, as long as the entire process is moving in the agreed-upon direction.

McMillan asked what the updates will cost.

"The initial work was looking at $65,000 and change, that was allowing the strobes to sync," Ward said. "To get to 2015 code, depending on how extensively [Torres] wants us to comply with that, we're looking at $180,000 to $300,000 so there's quite a spread there. It's important to know what exactly we're trying to accomplish."

Assistant Principal and Athletic Director Gary Allison was the next to present. "Since we are an education-based athletics and activities program, we will follow the following eligibility guidelines for 2020-2021," Allison said. "Eligibility will be checked each quarter and semester." Allison said students must maintain at least a grade point average of 2.0 or higher, with no more than one "F." Allison also said ineligible athletes can attend offseason workouts, but will spend one half of each session in a mandatory study hall. "We're still fine tuning what the mandatory study hall looks like to best benefit each student and be equitable across all programs."

Katrina Bustillos, President of the Silver Consolidated Education Association (SCEA) also presented to the board. "One of the first things that we are working on as we have come back to a hybrid model with the elementary staff is the struggle for childcare with their own children," she said. "Especially those in between age groups since they can't quite stay at home themselves yet." Bustillos said the community has come up with amazing ideas, and the district and SCEA have collaborated to help make the transition less stressful. Bustillos asks that people continue to think outside the box for more ideas to help with childcare.

SCEA also worked with Silver Consolidated Schools Comptroller Michele McCain to get the salary schedule settled. "Those have been adjusted accordingly and hopefully with enough time for Michele to send them off to the State," Bustillos said. "One thing I am continually getting emails and texts about is contracts," she said. "People are wondering when they will be able to sign a contract." Bustillos said the understanding is that since the budget has been submitted, the contracts will follow.

In other SCEA news, the fall delegate council is being held virtually and will provide a chance for educators and staff from local associations to interact. Bustillos said one perk to the increase in virtual meetings is how everyone has learned to better use the platforms.

Superintendent Audie Brown addressed the board, beginning by saying the contracts Bustillos was referring to are forthcoming. "They are on their way and we we let you know when they are available."

Brown then referred to the resignation letter he sent to Flores, who read it into record. Brown will retire at the end of the school year, June 30, 2021. The letter said that the reason for informing the board at this time is to give them time to locate a replacement.

Brown continued with his regular update to the board. "The goal for Silver Schools was to open today, but ultimately it's up to the PED," he said. "On Tuesday, October 6, PED sent a reminder stating middle schools and high schools are not yet authorized to return to in-person school." Brown said the only exception is small groups of students that have special needs. "On October 15 it was reiterated that the students are not authorized to return at the secondary level," Brown said. "So I would like to make a couple of comments regarding Mr. McMillan's comment regarding meeting in person."

"There's not one of us that would not rather be meeting in person," Brown said. "But even so, we have no choice. It was a directive from the PED." Brown also referred to the governor's current public health order, which restricts gatherings to a total of five people. "It's not that the administration or other members of the board choose not to meet in person," he said. "We were told by PED that we cannot do so. Clearly if we were to do so there are serious repercussions that could come down on those who violate the order." Brown said the lieutenant governor lives in the area and it would reflect poorly on him, too. "We just need to abide by the governor's orders whether we like them or not."

"The next item is the Silver High and Cliff High School proposed graduation dates," Brown continued. Cliff Schools is proposing a date of May 14, 2021 and Silver High May 20, 2021, with varying times and locations to be updated according to weather and pandemic factors.

"My only question, and forgive me fro not knowing this, but looking at the activity schedule baseball will start in April and will end in the first part of June," Flores said. He wanted clarification about having the graduation ceremonies before the spring sports programs ended.

"That's what they are proposing," Brown said. "Everything is so up in the air right now with the situation of athletics and the pandemic." Brown said the reason they need proposed dates is so family members can be informed and announcements can be made.

"Is there going to be any conflict with students graduating and still being able to play sports?" Flores asked.

Allison said he asked that very question and the formal answer is that the summer immediately following graduation is considered part of the second semester. "All Star games and that kind of thing traditionally happen after graduation dates. We were assured this would proceed the same way."

Flores said the future is unknown and his concern for spring sports might be the timing of games. "It would be unfair to have graduation on May 20 and and athlete has an out of town game that day. They might have to give up that game for graduation."

"That was my question," Diaz said. "Currently as schedules stand, are there conflicting games or state playoffs on that schedule or is it hard to say?"

Allison said there are no conflicts at this time, however some programs have yet to finish their schedules. "It might be a situation where there's a graduation date and the very next day there's a game, but we're working very hard to avoid that double booking conflict."

To complicate things, sports that were missed in the fall may occur concurrently with spring activities.

"I think in regards to graduation, and I certainly appreciate Mr. Allison trying to work around these multiple dates and these changes, but it's October and I think it's too early to set a date for graduation," McMillan said. "I'm thinking maybe we can wait until January and have a clearer idea on how things play out."

"I understand it's early but I did get some information that a date has to be set a little early because of Josten's invitations and their deadline," Flores said.

Brown said they wanted to set a time for Josten's to be available for the students and he believes they will be flexible.

"It's a hard situation given the circumstances and it might be just a thought that we might need to set dates with the understanding that there could very likely be revisions," Diaz said. "A company like Josten's is dealing with this across the nation. It seems like they would require a later deadline or kids will have invitations with the dates scratched out."

Flores proceeded to any comments or questions for Brown while they tried to reach Shane Coker for clarification about the deadline to set a graduation date.

"In regard to the reentry to secondary schools I think I certainly understand the situation and things are constantly changing," McMillan said. He referenced a memo from the PED that contained a bullet point about counties that were "in the green" according to state gating criteria. "Many people looked at that and said we've already got our approved plan and our set date with our community, we should be good to go." McMillan said the conflicting information between the PED memo and governor's public health order was further clarified by the legal opinion PED shared regarding education being separate from the advice for mass gatherings.

"In the latest public health order there is not any place that I have seen that stated, as in the previous public health order, that there are exceptions to certain public entities and/or employees," Brown said. "I have not seen that anywhere and so I directly asked PED if we were allowed to meet in person and you read that response." Brown said PED never said the return date was official, that was a date set by the board to help the community prepare. "I'm not about to take a chance on getting any kind of citation or getting any legal issues brought against our district. The health order is pretty clear."

Flores was able to get Coker on the call to comment on the graduation date discussion.

"Josten's has been flexible. They've been extremely outstanding, getting our graduates ready and fixing invitations, etc.," Coker said. "They've done a really good job working with us and they continue to do so. However they are a business and have deadlines." He said a date should be provided to them as soon as possible. "Again, we're not the only school that uses Josten's in the state." Coker said they will continue to be flexible and keep an eye on sporting events. "We've accommodated them every year." Coker agreed with Allison that the school district has education-based athletics and activities. "We want to put the student first but we don't want to shortchange any athlete that has a game that day or a state championship. This community has really learned the term 'flexibility' and we'll continue to do so for the community and each and every one of our students."

Associate Curtis Clough also had some updates for the board, on dual enrollment and how the hybrid model is working. "[At WNMU], they have released all syllabi for us to review and we're working with the unit to review 8-12 courses to start," he said. A preliminary list of courses may be available as early as December, pending COVID-related issues at the university and the school.

"After board approval, does it go to PED?" McMillan asked.

"We're working on last steps," Clough said. "We can get PED approval and then come to the board, or present simultaneously to the PED and the board."

Board member Ashley Montenegro thanked Clough for working on the dual enrollment project. "I'd like to get some clarification around what I was hoping it would look like. Are we talking about high school classes with additions to the class that adds the college credit or are we talking about students going to campus?"

"Both," Clough said. "We have to present the modality of delivery." He said both online and in person on campus are options they are considering. "That's part of the process. We're also partnering with WNMU with remote delivery." There is a possibility to provide all three models.

"Western classes are certain days, versus Monday through Friday at Silver," Montenegro said. "I appreciate you trying to make this work for a greater number of kids."

"It's unique with our relationship that we're able to get access to curriculum," Clough said. "It's easier to market those classes to the kids because we will have a process to replicate over and over again."

"That's a testament to the relationship between Audie Brown and Dr. Shepard," Flores said.

"Another comment that came to mind in regards to this program and getting it structured and off the ground is the benefit to those seniors thinking about what they are doing after graduation," McMillan said.

Clough said as far as the hybrid model for the elementary students is going, they are gathering information so loss of learning plans can be implemented.

Diaz asked about reimbursement going forward, and Clough said the school district is at the mercy of the next legislative session. "It is a hot topic, there has been discussion about looking at three-year averages or rolling back to pre-COVID numbers," Clough said. "If we want to influence our legislators, have them look at that data." He said the school district will need to watch to see how the budget will be determined for next year.

Next, McCain updated to board on the property in Hachita. "We sought approval a year ago to dispose of it. We didn't even know we owned it," she said. "When we contacted PED they said that even though it is less than an acre we were required to get an appraisal. The value was about $1200." McCain said the only way to sell it now, since there can't be an auction, is to accept sealed bids.

Montenegro gave the finance subcommittee report and thanked McCain for her work keeping the budget balanced during all the changes. "It's unprecedented. Kids are coming and going in our economy. People are being offered severance packages. We need to be aware of these things and move forward in a positive way, and also a responsible way." Montenegro said the district remains in the black.

Flores said the threat assessment committee did not meet so he will have to update the board next month. He then opened the floor for discussion regarding the search for a new superintendent.

McMillan said previously the board entertained proposals from a couple of vendors. "We should look at getting proposals and bids. I think it would be good for us to start this conversation now," he said.

Flores said there are multiple options for processes, including not using a service. "It would involve a lot of time and reviewing applications and screening," he said. "That's how I know other boards have saved money since the process is not cheap."

McMillan said the last service cost between $12,000 and $16,000.

Cohn said he wasn't sure if there was a way to have a service narrow down the candidate field and allow the board to finish the process.

"What Western does is hire a service to put out the advertisement, receive the applications, and then they narrow it down to three finalists," Flores said. "Then they are interviewed by a committee. It saves a lot of and effort but it is also not cheap."

"I would echo Mr. McMillan's comments," Montenegro said. "When we hired Mr. Brown, the gentleman that helped was very thorough and it was helpful. We were able to involve all of the stakeholders." Montenegro said it was well worth the price to find a match for the district.

"I was going to propose having a work session next time," Diaz said. "We may need to extend into an executive session for things like contracts." She said having time to pursue vendors and compare costs will help the decision.

"The process that Dr. Patterson implemented for when I was hired was very, very thorough," Brown said. "He had an opportunity for the community to have input at the beginning, candidates met each other and members of the community. Then there was the opportunity to be interviewed by three groups of stakeholders: the board, educators, and community members." Brown said the candidate could even be someone the board appoints.

"I think a work session is a good idea," Flores said. He thinks if an RFP is put out it should be very specific in terms of duties of the selected firm, so school staff is not doing work that is not part of their duties.

McMillan added that the previous superintendent search included a work session where the different vendors called in to discuss their proposals. "It was certainly worthwhile because if you just get a piece of paper they will all be a little different and we may have questions," he said.

McCain said the budget is already set for $15,000 so an RFP would not be necessary unless the board wanted one.

Flores said he would keep his board comments short and sweet, and he began by thanking all of the K-6 teachers for their hard work in getting students back into classrooms under the hybrid model. "I know we keep asking more and more of you," he said. "I want the public to understand that a lot of the information we get can be, at times, confusing or conflicting. When we get clarification we have to follow it. These are unprecedented times, with every week, having to adapt and change." Flores then thanked Brown for his work as superintendent. "He came in at a difficult time. He has kept the budget in the black, even with a shortfall," he said. "I would just like to say that it is a testament to Mr. Brown's character that he was able to do this with the micromanagement of one board member, throughout his tenure here. In my experience I have never experienced the type of micromanagement from one board member to a superintendent or director position, ever."

McMillan also thanked teachers and staff as the hybrid model has unfolded. "What I hear from staff members and parents is that although it is not ideal, they are happy to be back and responding well." McMillan said the board is here to support the students and staff no matter what the future format will be.

"Kudos to the parents that have to deal with continuous online problems," Cohn said, after having his own minor technical difficulties. "I hope everyone is staying safe, especially our teachers and students on the hybrid model." Cohn also thanked Brown for all he has done for the district.

"I just want to say that I encourage everyone to take the high road and stay positive," Diaz said. "We need to show our kids resilience and optimism."

"I want to say, optimistically, that the last week has been disappointing," Montenegro said. "We had a lot of kids that were looking forward to athletics and going back to school. When you have kids ready to get to school, that says something." Montenegro said school and activities are good for both physical and mental health. "So, we can be optimistically disappointed. I would say as a board we need to keep a positive outlook but we also need to speak up and say what the district is ready for."

No public comments were emailed for the meeting.

All action items passed unanimously, with the addition of the word "tentative" when approving the graduation dates for the high schools.

The next meeting of the Silver Consolidated School board happens November 16, 2020 at 6 p.m. and can be attended via their Facebook page. Public comments are to be emailed directly to Board President Eddie Flores at edflores@silverschools.org no later than 5:00 p.m. on the meeting day, at which point they will be distributed as necessary.

The comments must be directly related to what is listed on the agenda for this specific meeting and must include first and last name (no screen names). The same guidelines must be followed that are outlined during public meetings in the Silver Schools Administrative Office.