Tag Archives: public records

NKSD Superintendent evaluations, contracts and goals

Related to our story on the North Kitsap school board’s recent evaluation of Superintendent Patty Page, I’m sharing below documents I received from the district as a result of public records requests.

Page in May received a vote of no confidence from the teacher’s union. The board on July 14 gave her a largely favorable evaluation for her performance in the 2015-2016 school year (and a raise), as we reported, but in her goals for the upcoming school year (the last for Page, who retires in June 2017) the board expects Page to foster better relations with the union and the community.

As you can see from past evaluations, completed in 2013-2015, the board has held Page in high regard throughout her tenure. “You are a great leader. Keep it up. Your energy makes a big difference in running the school district,” the board’s summary evaluation for 2015 states.

The 2015 report makes note of a “concern of one board member that information presented to the board is not balanced.” And a midyear report in 2015 notes room for improvement “in community engagement and collaboration.” Otherwise the board has glowing praise for Page.

The evaluation’s quantitative scale scale ranges from 1 to 4, as follows: Distinguished (4.0), proficient (3.0), basic (2.0) and unsatisfactory (1.0). Most scores awarded by the board in 2015 for Page’s performance on evaluation criteria are in the mid- to high-3 range.

The 2014 evaluation lauds Page for navigating the district through a budget crisis, school closure and negotiation of several open contracts. “Patty was tough but fair and kept us in the know throughout the bargaining process,” the board stated in its June 2014 evaluation. Other comments: “Finances are better than in a decade; district better each year she is here.”

The board’s evaluations stand in sharp contrast to reports from the teachers’ union that members disapproved of her leadership as early as 2013, about a year after she joined the district.

The 2014 evaluation shows the board was well aware of the teachers’ discontent. “Patty has taken a lot of heat from the teachers’ union and the public, mostly based on board decisions. This created a lot of negative press, and (she) never once tried to blame the board.”

One “area for improvement” noted in 2014, “Need to increase delegation and take care of self by not putting in so many hours.”

That year, the board scored Page lowest in the area of “family and community engagement,” a score of 2.6 out of 4, where her overall score for 2014 was 3.275.

Related to the evaluation process, the board established goals for Page for the 2014-2015 school year, also for the 2015-2016 school year, and they have proposed goals for the 2016-2017 school year (to be approved Aug. 18).

In Page’s past contracts from the 2012-2013 school year (her first with the district) through the 2015-2016 school year, you can see her salary was $140,000 for her first two years, $146,000 in 2014 and initially $148,920 in 2015.

Page’s contract for the 2015-2016 school year was revised in August 2015 to reflect a 3 percent raise the board gave her, since the state gave a 3 percent raise to all certificated public school staff. Her salary then was $153,388.

In her contract for the upcoming school year, the board gave Page a 1 percent raise over her 2015-2016 salary of $153,388, plus a 1.8 percent raise which all public school certificated staff received from the state, for a salary of $157,711, plus benefits.

Stacie Schmechel and Suzi Crosby, two NK parents who diligently watch the school board’s actions, were at the July 14 meeting. Schmechel and Crosby have complained about the superintendent’s evaluation process and did so again at the meeting.

Crosby said the board needs to be more detailed and explicit in explaining their evaluation of the superintendent, and she said, they need to connect the dots between goals set at the beginning of the year and the superintendent’s performance on those goals.

Schmechel, during public comment at the meeting, stood silent at the microphone demonstrating what she said is a lack of response by the district to public records requests she has made regarding Page’s evaluations, including the board’s deliberations in executive session. Schmechel disputes that deliberations on the superintendent’s performance should take place behind closed doors.

The state’s open public meetings act exempts from open session meetings “to review the performance of a public employee.” Although final action — hiring, firing, renewal of contract, non-renewal — must take place in public.

The state’s open public records act generally exempts evaluations of a public employee from disclosure. But not in the case of the director or lead employee of a public agency.

“This is an exception to the normal rule that public employee evaluation information affects employee personal privacy rights and is exempt from disclosure under RCW 42.56. 230(3),” said Korrine Henry, North Kitsap’s public records officer. “The rationale for this exception is found in an appellate court decision involving a city manager. Like a city manager, a school superintendent manages the district and is evaluated directly by an elected school board, the same as the elected officials of a city evaluate a city manager, thus the public has a legitimate interest in knowing the results of the evaluation.”

The district doesn’t automatically make the superintendent’s final evaluations public, but will disclose them on request. Some districts make superintendent contracts easy to find on their websites. Why not final written evaluations?

Let me know if you have any trouble with the links or if you would like emailed copies of the documents. Chris Henry, Kitsap Sun education reporter

Footnote: Board President Beth Worthington said Friday she was in error at the July 14 meeting in saying the board had set goals for the three previous years (only two). Going forward, she said the superintendent’s performance on the past year’s goals will be documented as part of the year end evaluation (as on the evaluation approved last night).

More on Port Orchard’s public records

With Christmas coming up in two days, how many folks are thinking about sewers? Or tap water?

If you have guests coming for the holiday, perhaps you’re hoping your pipes will handle the pressure — those extra showers and dishwasher cycles, those extra loads of laundry and loads of other sorts.

But most of the time, be honest, who really thinks about sewer and water, at least until you get your bill.

Speaking of sewer and water bills, Port Orchard’s rates for these utilities could double over the next five years, if the City Council takes the recommendation of a utilities finance expert, as we reported in Monday’s Kitsap Sun.

The city’s utility committee has been working since May with consultant Katy Isaksen to calculate what it would take to bridge the “gap” between revenue from ratepayers and the actual cost to provide sewer and water services. The city also needs to do some major upgrades to both systems, according to the public works department. Those costs are built into Isaksen’s recommended scenario under which the average sewer-water customer would see their bill rise from about $100 in 2015 to more than $230 in 2020.

Notice how the formal presentation on Isaksen’s recommendation came after months of looking at the details and revising estimates in committee meetings. It’s no stretch to say committee meetings are where the heavy lifting of city government gets done. And the public is always welcome to attend.

One city resident who does pay close attention to utilities is Elissa Whittleton. She tries to attend most utility committee meetings and, in a Facebook post a couple of weeks ago she complained about a new (as of October) disclaimer at the bottom of the agenda stating,

“PLEASE NOTE: UTILITY COMMITTEE PACKET MATERIALS PROVIDED TO COMMITTEE MEMBERS AND CITY STAFF ONLY. NOT TO BE DISTRIBUTED TO GENERAL PUBLIC UNLESS OBTAINED THROUGH PUBLIC RECORDS REQUEST PROCEDURE.”

I, like Elissa, did a “Say what?” about this, since materials for city council meetings are readily provided through links on the online agenda and by request as hard copy.

City Clerk Brandy Rinearson had an explanation. The bottom line is, you can get the materials (with a formal request), but some materials (of the kind most likely to be distributed at committee meetings) are exempted from disclosure, and like all public records, committee materials are subject to redaction.

What does all this mean?

First of all, Rinearson said, committee meetings are different from regular council meetings in that they don’t constitute a quorum of council members. Under the state’s Open Public Meetings Act, any meeting of elected officials where there is a quorum (down to your tiniest water district) must be publicly noticed and materials cited at the meeting must be readily available to the public.

Why does this matter?

While committee members can hammer out policy and develop recommendations on actions the council might take at one of its meetings, they can’t take formal action. The council, on the other hand, can act on the basis of information in reports and other documents complied into a “council packet” that is often more than 100 pages long.

Don’t be daunted by that. If you are interested in a particular agenda item — as I was by the consultant’s report on the sewer and water “gap” — you can simply download it from the city’s website or ask for that part of the packet.

I had always assumed one could just as easily get materials from committee meeting packets and until recently they could.

What changed all that?

Starting around late summer, early fall, the utility committee was knee deep in discussion of stormwater rates. The owners of a B&B, who had concerns about how the proposed rate assessment would affect them, made a request for committee materials. Rinearson, as city clerk, was pulled in on the request, which included the couple’s earlier stormwater utility bills.

Under state public records law, private information like addresses, phone numbers, account numbers, social security numbers and the like must be redacted (whited out so no one can read them). Another type of information requiring redaction would be an attorney’s advice to the city, protected under client-attorney privilege.

So Rinearson realized that, even though the couple was requesting their own utility bill as part of the committee packet, technically, their privacy rights would be violated under public records laws. Rinearson told public works and other staff answering to the committee to direct any requests for packets through her as formal public records requests.

Public records is hot topic in the city of Port Orchard, what with the city of Bainbridge Island’s recent $500,00 settlement of a public records lawsuit.

Let’s now clarify that a formal records request to the city of Port Orchard can come in pretty much any form: via email, in writing and via a phone call to the city clerk’s office.

But wait, there’s more.

Some “preliminary materials” (discussed at any kind of meeting) are exempt from disclosure under the OPM, Brandy said, citing RCW 42.56.280. After reading the law and talking with Brandy, I’d describe these as documents descriptive of works in progress. But note the exemption for any that are directly linked to a formal action.

Exempt documents include, “Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended are exempt under this chapter, except that a specific record is not exempt when publicly cited by an agency in connection with any agency action.”

As an example of preliminary documents, note that the estimated increase in sewer rates was much higher at first, when Isaksen included all capital projects on the city’s list. Committee members asked her to revise the estimates factoring in just the most pressing sewer and water projects.

I asked Rinearson if the RCW isn’t subject to interpretation. It is, she said. In her training as the public records official for the city, Rinearson learned about a four-part test — based on a case reviewed by the Washington State Court of Appeals — which she and other city officials now use to weigh whether a record is subject to disclosure.

Records that meet the four-part test could be withheld, according to Rinearson. The test points are:
One — The records contain pre-decision opinions or recommendations expressed as part of the deliberative process.
Two — Disclosure would be harmful to the deliberative process or consultative function of the process.
Three — Disclosure would interfere with the flow of recommendations, observations, and opinions.
Four — The records reflect policy recommendations and opinions and are not simply the raw factual data underlying a decision.

Two and three seem subjective to me, which I pointed out to Rinearson. She affirmed that her department’s decision to withhold documents is always open to a legal challenge.

According to Rinearson, more than 95 percent of records requested are readily available without redaction.

Now once more with feeling, Port Orchard’s committee materials are available are available with a records request to the city clerk, cityclerk@cityofportorchard.us, or by calling (360) 876-4407.

If you actually made it all the way through this post, congratulations; email me, chenry@kitsapsun.com, and I will add you to my unofficial list of local government nerds.