Special Meeting Minutes Monday, September 16, 2019

GOVERNING BOARD SPECIAL MEETING MINUTES of the
YAVAPAI ACCOMMODATION SCHOOL DISTRICT NO. 99

Monday, September 16, 2019 4:00pm
Yavapai Accommodation School District Office
2972 Centerpointe East Dr., Prescott, AZ 86301
The agenda for the meeting will be as follows:

AGENDA

Item A. Call to Order, Welcome and Introductions

Board President, Mr. Tim Carter, opened the meeting at 4:00pm. Present for the meeting was Superintendent Carter (via phone), Allison Fontana, and Kellie Bums.

Item B. Pledge of Allegiance

Item C. Limited call – Public Participation

No public participated in the meeting.

Item D. Action

Consider and approve the acceptance of a certified employee resignation.

This item was considered, per the Resignation Letter addressed to Kellie Bums, from Michael Costanzo, dated 9/ 12/ 19 and stating, “This letter is my letter of resignation. I plan to not return to school for work. I sincerely hope that the district will consider and honor this request to reign. I will be resigning as of 9/ 12/ 19 after completing their workday.” The letter was signed by Michael J. Costanzo. This item was approved. President Tim Carter voted yes.

Discussion, action, liquidated damages.

This item was considered and per Michael Costanza’s FYI 9/20 contract signed and dated on June 13, 2019, the contract states; 11. Liquidated Damages. If Employee materially breaches this Contract or resigns before completing the full term of employment set forth in the Contract, the Board will suffer damages that are not easily ascertainable. These include the costs to recruit, screen, employ, and train other staff to complete Employee’s responsibilities and otherwise. Subject to Board policies, if Employee breaches the Contract or resigns before completing the Contract, Employee shall pay the District, and Employee authorizes the Board to withhold from Employee’s p aycheck as liquidated damages, one of the following amounts: (1) $500 if the Employee’s request to resign is received by the Office of the District Executive Officer in June of the school year; (2) $750 if the Employee’s request to resign is received by the Office of the District Executive Officer in July; or (3) $1,000 if the Employee’s request to resign is received by the Office of the District Executive Officer on or after August 1. These amounts constitute liquid damages; they are not a penalty. Employee agrees that the amounts represent a reasonable estimate of the expenses the Board will incur as a result of Employee’s breach or premature resignation. Liquidated damages in the amount of $1,000 were approved. President Tim Carter voted yes.

Item E. Closing of Meeting

  1. Adjournment – The meeting was adjourned at 4:05pm by Board President Tim Carter.

Dated this 17th day of September 2019.

Time: 2:12pm.

Allison Fontana
Business Manager/Administrative Assistant to the YASD Board