SAU 6 Board, January 11, 2024

Regular meeting of the joint Claremont and Unity SAU 6 board. The recording begins on the return from a nonpublic session: the board seals that session's minutes for 30 years, adopts policy BGAA, sends policy ACN (nursing mothers) to a second read, then votes 10 to 1 with one abstention to terminate Superintendent Michael Tempesta's contract under its paragraph nine with six months' severance, effective January 12, and by the same roll appoints Christopher Pratt interim superintendent. No reason for the termination is stated in public. Built from the Cablecast recording's attributed dialogue, the agenda and the draft minutes. Timestamps link to the same moment in the Cablecast recording.

Body
SAU 6 Board (joint board of the Claremont and Unity school boards; 12 members)
Date
Thursday, January 11, 2024
Start time
The posted agenda gives two times: 6:30PM in its masthead and "5:30 PM Call to Order" in its body (see flag 4). The draft minutes record the return from nonpublic session at 6:48 p.m. and adjournment at 6:55 p.m. On the recording the board returns at 0:00:07 and adjourns at 0:10:51.
Location
The agenda masthead names the Sugar River Valley Regional Technical Center; the agenda body names the "Goodrich Community Room". The minutes repeat both. Which room the meeting used is not stated elsewhere.
Board composition
Present (minutes): Arlene Hawkins (chair), Rocco Ruggeri (vice chair), Shannon Popescu, Kelly Simpson, Atonya Hart (Unity); Frank Sprague, Bonnie Miles, Whitney Skillen, Candace Crawford, Jennifer Gallagher, Heather Whitney (Claremont). Present by telephone: Marjorie Erickson (Unity). All twelve seats accounted for.
Recording
Cablecast: SAU 6 Board Meeting 1/11/23 (the gallery title carries the wrong year; the meeting is January 11, 2024). Observed extent 0:11:00, from the last row of the dialogue file; the Cablecast API refuses requests from the build environment, so the run time was not confirmed. The recording begins on the return from nonpublic session; the call to order, roll call, agenda and minutes approvals, citizens' comment and the motion to enter nonpublic session are not on it.
Minutes
draft minutes SAU 6 SB 1.11.24 (1).pdf, filed in the next meeting's packet folder (2. SAU 2.15.24) and created on Drive February 13, 2024 (see flag 6). Submitted by Noelle Kronberg, clerk. Nonpublic minutes sealed.

Participants

Names follow the agenda masthead and the draft minutes. The recording's roll calls are read by the chair and the clerk, and members' answers are often absorbed into the reader's rows, so most votes below rest on the minutes.
NameRoleParticipation
Arlene HawkinsSAU 6 chair (Claremont)Presides; reads the first two roll calls herself (0:00:21, 0:01:12); presents both policies (0:01:55, 0:03:19); moves the termination herself (0:06:15) and the Pratt appointment (0:08:11); reads the motion again into the telephone for Erickson (0:07:04); runs future dates (0:09:23) and adjournment (0:10:51).
Rocco RuggeriVice chair (Unity)Moves BGAA (0:02:25) and ACN (0:04:55); seconds the termination (0:06:42) and the appointment (0:08:40); moves adjournment (0:10:40).
Marjorie EricksonMember (Unity board chair); by telephoneVotes yes to return to public session (0:00:39). At the termination roll: "No idea what's being voted on. I can't hear you." (0:06:58); after the motion is read into the phone, "Okay, I vote no." (0:07:41). Votes no on the appointment (0:08:59); seconds adjournment (0:10:41).
Shannon PopescuMember (Unity)Seconds BGAA (chair, 0:02:38); abstains on the termination (0:07:52) and the appointment (0:08:59).
Kelly SimpsonMember (Unity)Yes on both personnel motions (roll at 0:07:52, 0:08:59).
Atonya HartMember (Unity)Yes on both personnel motions (0:09:06); seconds the ACN first read and adjournment (minutes).
Frank SpragueMember (Claremont vice chair)Moves to come out of nonpublic session (0:00:11); yes on both personnel motions.
Bonnie MilesMember (Claremont)Moves to seal the nonpublic minutes for 30 years (minutes); yes on both personnel motions.
Whitney SkillenMember (Claremont policy chair)Asks that BGAA carry its title at the top (0:02:43); points out that ACN requires a choice between two options (0:05:08); asks the deliberative-session time (0:10:04); yes on both personnel motions.
Candace CrawfordMember (Claremont)Yes on both personnel motions.
Jennifer GallagherMember (Claremont)Yes on both personnel motions.
Heather WhitneyMember (Claremont board chair)Seconds the seal motion (minutes); yes on both personnel motions.
Noelle KronbergSAU 6 clerkReads the two personnel roll calls (0:06:49, 0:08:50); submits the minutes.
Michael TempestaSuperintendent (terminated effective January 12, 2024)Not heard; named only in the motion text. The minutes list him on the masthead.
Christopher PrattAppointed interim superintendentNot heard and not shown to be present.
Mike KoskiAssistant SuperintendentNot heard on the recording; the minutes record that he took the roll call on the motion to enter nonpublic session.
UnidentifiedMembersA lone Aye on adjournment (0:10:45), "This is for abstentions." (0:10:49), and closing thanks (0:10:55).

Agenda

Items as printed on the posted agenda (SAU 6 School Board Agenda 1.11.24 .docx.pdf), with dispositions from the recording and the draft minutes.
Taken upItemAgenda text / disposition
5:30 p.m. (agenda)I. Call to order; II. General businessNot recorded. Minutes: roll as above; the chair asks to table the budget update; agenda as amended moved by Whitney, seconded by Hart, "unanimously approved"; 12.14.23 minutes moved by Whitney, seconded by Gallagher, "unanimously approved"; citizens' comment none.
5:40 p.m. (agenda)III. Non-Public Session "RSA 92-A:3,II"Entry not recorded. Minutes: Hawkins moved "to move into non-public under RSA 92-A:3,II", Sprague seconded, roll call by Koski, all yes. Return at 0:00:07: Sprague moves (0:00:11); roll read by the chair, Erickson "I vote yes" (0:00:39). Seal for 30 years: moved by Miles, seconded by Whitney (minutes); roll at 0:01:12. See flags 2 and 3.
0:01:46IV.1 Budget updateTabled earlier in the meeting (chair, 0:01:55).
0:01:55IV.2a BGAA, Policy Development, Adoption, and Review (second read/adoption)Ruggeri moves, Popescu seconds; Skillen asks for the title at the top; voice vote, "Policy is adopted on January 11th, 2024." (0:02:54). See flag 1.
0:03:19IV.2b ACN, Nursing Mothers (first read)Ruggeri moves (0:04:55), Hart seconds (minutes); the committee recommends option two, paid nursing time with no make-up (0:05:20); voice vote, moves to a second read (0:05:45). See flags 1 and 7.
0:06:03IV.3 SuperintendentTermination of Michael Tempesta's contract under its paragraph nine, six months' severance and benefits, separation effective January 12, 2024: moved by Hawkins, seconded by Ruggeri; roll call 10 yes, Erickson no, Popescu abstaining (minutes); the chair announces only "The motion passes." (0:08:11). Appointment of Christopher Pratt as interim superintendent effective January 12, chair and counsel to negotiate a contract "for subsequent approval": moved by Hawkins, seconded by Ruggeri; same 10–1–1 (minutes); "The motion passes." (0:09:15).
0:09:23V. Future datesClaremont board January 17; deliberative session February 3, 9 a.m. (snow date February 10); SAU 6 board February 8; Unity board February 13.
0:10:34VI. AdjournmentRuggeri moves, Erickson seconds on tape (0:10:41; the minutes name Hart); voice vote; adjourned at 0:10:51 (minutes: 6:55 p.m.).

Discussion timeline

Times are taken from the dialogue transcript (Dialogue/15523 SAU6011124.mp4.CSV) and link into the recording.

TimeTopicWhat was saidFlags
0:00:07Return from nonpublic sessionHawkins: "Thank you folks for your patience for us to return, Mr. Sprague." Sprague: "make a motion that we come out of nonpublic" (0:00:11). The chair reads the roll; to Erickson: "You're gonna have to say it loud or she can't hear you" (0:00:21); Erickson: "I vote yes." (0:00:39).MEDIUM OBS
0:00:41Sealing the nonpublic minutesA member: "We feel [seal] the minutes for 30 years." The chair: "May we have a roll call? Vote to seal the minutes for 30 years." (0:01:12). Erickson's answer is transcribed as "Marjorie Erickson. No. No. Yes, it is now. Yes." No reason for sealing is stated.MEDIUM
0:01:55Policy BGAA adopted"This is the second read with a vote, hopefully a vote for adoption." Skillen: "it needs to have the title of the policy at the top" (0:02:43). "All in favor? Opposed. Abstention. Policy is adopted on January 11th, 2024." (0:02:54).HIGH
0:03:19Policy ACN, first readHawkins: "The policy is required as of the federal and state legislatures for 2023." district becomes SAU (0:03:46); the "hospital grade pump" is struck (0:04:14). Skillen: choose "option one or option two" (0:05:08). Hawkins: the committee recommends "option two, where the mother will be paid during the nursing periods, and they will not be required to make up the time" (0:05:20). Voice vote; "this policy will move to a second read for our next meeting" (0:05:45).HIGH POSITIVE
0:06:15Termination of the superintendentHawkins: "I'm going to make a motion that, in accordance with paragraph nine of the contract between the board and Michael Tempesta, that the Saw [SAU] board terminate his contract by paying six months severance pay and benefits, with the effective date of separation being January 12th, 2024." Ruggeri seconds (0:06:42). The clerk's roll (0:06:49): Erickson, on the phone, "No idea what's being voted on. I can't hear you." (0:06:58); the chair has the motion read "Right into the phone" (0:07:04); "Okay, I vote no." (0:07:41). Popescu: "I'm abstaining from this." (0:07:52). "The motion passes." (0:08:11). No member speaks to the motion and no reason is given.HIGH OBS
0:08:11Interim superintendent appointedHawkins: "I move that the Saw board appoint Christopher Pratt as interim superintendent of schools effective January 12th, 2024, and authorized the chair of the Saw board and legal counsel to negotiate a contract with him for subsequent approval by the SA board." Ruggeri: Second. (0:08:40). Roll (0:08:50): Erickson No. (0:08:59), Popescu abstains, the rest yes. "The motion passes." (0:09:15).
0:09:23Future datesThe Claremont board meets next week for "the approval of the budget"; the deliberative session "is being moved from midweek to Saturday, so that more members of the public may be able to attend"; snow date "February 10th at 9 a.m." (0:09:50).
0:10:34AdjournmentRuggeri moves; Erickson seconds (0:10:41); "All those in favor?" (0:10:43); "Meeting is by adjourned." (0:10:51).HIGH

Items flagged for review

These flags are a reviewer's aid. They are not findings of violation and not legal advice. Each names the rule it rests on, or says that none was verified. The statutes are cited as codified in 2023, the text in force on January 11, 2024.

HIGH Voice votes were taken while a member took part by telephone; the minutes give no reason for her remote attendance, and she could not hear the termination motion when first called

RSA 91-A:2, III governs a meeting at which a member participates other than in person: the reason in-person attendance "is not reasonably practical shall be stated in the minutes" (¶III(a)); each member "must be able to simultaneously hear each other and speak to each other" (¶III(c)); and "All votes taken during such a meeting shall be by roll call vote" (¶III(e)). The minutes record Marjorie Erickson as "Present via phone", with no reason. She is on the line from the first recorded roll (0:00:39) to the adjournment she seconds (0:10:41). Yet the BGAA adoption (0:02:54), the ACN first read (0:05:45) and the adjournment (0:10:43) are voice votes ("All in favor? Opposed. Abstention."), and the minutes record the earlier agenda and minutes approvals as "unanimously approved" without a roll. On the termination roll she said "No idea what's being voted on. I can't hear you." (0:06:58); the chair had the motion read into the handset before she voted (0:07:04, 0:07:41), which cured that vote on the record. The roll-call requirement for the other votes was not met on the recording. A policy adopted by a voice vote of this kind is the item most worth a second look.

Sources: RSA 91-A:2, III(a), (c), (e) (2023 codification; remote participation); draft minutes, January 11, 2024

MEDIUM The only record of the motion to enter nonpublic session cites a chapter that does not exist and states no lettered exemption

RSA 91-A:3, I(b) requires that "Any motion to enter nonpublic session shall state on its face the specific exemption under paragraph II which is relied upon". The entry is not on the recording. The draft minutes record it as Hawkins "motioned to move into non-public under RSA 92-A:3,II", seconded by Sprague, roll call by Koski. There is no RSA chapter 92-A, and II alone names no exemption. The agenda heads the item "Non-Public Session RSA 92-A:3,II" and prints the text of exemptions (a) and (c) beneath it, so the board may have intended II(a) and II(c); whether the spoken motion named them cannot be checked. This board's paperwork carried the same phantom chapter on December 14, 2023 and again on February 15, 2024. Graded MEDIUM rather than HIGH because the motion itself is not in the record and the agenda supplies the lettered text.

Sources: RSA 91-A:3, I(b) and II(a), (c) (2023 codification); RSA Title VI table of contents (no chapter 92-A); agenda, January 11, 2024

MEDIUM The nonpublic minutes were sealed for 30 years without the determination the statute requires

RSA 91-A:3, III requires nonpublic minutes and decisions to be disclosed within 72 hours unless, "by recorded vote of 2/3 of the members present taken in public session, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the public body itself, or render the proposed action ineffective, or pertain to terrorism". Withheld information is to be released when, in a majority's opinion, those circumstances "no longer apply". The seal vote here was a recorded roll in public (0:01:12), so the two-thirds requirement can be checked, but neither the motion ("We feel [seal] the minutes for 30 years", 0:00:41) nor the minutes state any of the three determinations, and a fixed 30-year term is not a statutory measure. The minutes record "all members voting yes"; the transcript of Erickson's answer reads "No. No. Yes, it is now. Yes." and Popescu's answer is not audible, so the tally rests on the minutes. The decisions reached after the session, the termination and the appointment, were made and recorded in public, which limits the practical effect.

Sources: RSA 91-A:3, III (2023 codification; 72-hour disclosure and sealing)

MEDIUM The posted agenda gives two start times an hour apart and two locations

RSA 91-A:2, II requires notice "of the time and place of each such meeting". The agenda's masthead reads "January 11, 2024 6:30PM Sugar River Valley Regional Technical Center"; its body reads "AGENDA Goodrich Community Room" and "5:30 PM Call to Order". The minutes carry both unchanged and give 5:40 p.m. for the nonpublic session and 6:48 p.m. for the return. If the meeting opened at 5:30, a resident relying on the masthead's 6:30 would have arrived after the agenda and minutes approvals, the citizens' comment period and the entry into nonpublic session, none of which is on the recording. No separately posted notice was found to settle which was correct.

Sources: RSA 91-A:2, II (2023 codification; notice of time and place); SAU 6 School Board Agenda 1.11.24

OBSERVATION The public record of the termination consists of the motion text and a roll call; the recording starts after the closed session

The broadcast begins with the return to public session (0:00:07). Everything public before it, including the citizens' comment period that the minutes record as none, is not on the recording; no rule requires it to be. On the termination, no member speaks to the motion and no reason is given; the chair announces "The motion passes." without a count (0:08:11), and the 10–1–1 tally with names comes from the minutes. The motion invokes paragraph nine of the superintendent's contract, which is not in the packet; this page cannot say what that paragraph provides. These are facts for the reader, not findings of a defect: RSA 91-A:3 permits personnel matters to be discussed in nonpublic session under II(a), and the decision itself was taken in public by roll call.

Sources: RSA 91-A:3, II(a) (2023 codification); draft minutes, January 11, 2024

OBSERVATION The draft minutes reached the public share about five weeks later

RSA 91-A:2, II requires minutes to be "open to public inspection not more than 5 business days after" the meeting; for Thursday, January 11 that was Friday, January 19 (January 15 was a holiday). The draft minutes were created in the SAU 6 share's next packet folder, 2. SAU 2.15.24, on February 13, 2024, the 22nd business day. SAU 6 files a meeting's minutes with a later packet as a matter of practice, and the statute requires availability for inspection rather than online posting, so the Drive date does not prove the minutes were unavailable on request. It is the only date available from here.

Sources: RSA 91-A:2, II (2023 codification); draft minutes (Drive metadata)

POSITIVE The policy committee recommended paid lactation breaks with no make-up time, above the federal floor

The federal PUMP Act requires reasonable break time to express milk for a year after a child's birth, but provides that "an employer shall not be required to compensate an employee" for that time unless other law requires it or the employee is not fully relieved from duty. The SAU's policy committee recommended option two of the NHSBA sample, under which "the mother will be paid during the nursing periods, and they will not be required to make up the time" (0:05:20), and the board advanced it on first read. This page did not verify whether New Hampshire law in January 2024 independently required paid breaks, so the credit is measured against the federal rule only. The policy was a first read and was not yet adopted.

Sources: 29 U.S.C. §218d(a)(1), (b) (break time; compensation); NHSBA Sample Priority Policy ACN (packet)

Appendix: source files

Official and public sources

Project files

Working files this page was built from. The dialogue file is linked; the others are not published with the page.

Laws and rules cited on this page