In close vote, MUSD Board extends superintendent's contract

The vote was closer than ever before, but the Menifee Union School District Board once again approved a contract extension for superintendent Steve Kennedy on Tuesday.

Four people spoke out against the contract extension and two board members suggested delaying the decision, but the contract proposal passed, 3-2. This action extends Kennedy's contract through the 2020-2021 fiscal year. He is being paid $236,816 this year and will receive a 3 percent raise to $243,920 for 2019-2020. His salary will remain at that amount for the newly approved 2020-2021 fiscal year.

Board members Jerry Bowman and Reg Bennett voted against the proposal, citing a desire to wait until more is known about the impact of a potential district unification.

"At the opportune time, we should assemble a team of top administrators with unification in mind," Bowman said. "I have every confidence in Dr. Kennedy's ability, but I am against extending the contract at this time. I believe we should revisit this in the spring."

Bennett expressed similar sentiments, saying, "I appreciate the list of accomplishments of Dr Kennedy. I believe he is a person that can do the things that are needed. But I do want everything set up for unification. Then when we're functioning properly, I would be happy to vote for an extension. There are a couple things that have to happen first."

Those votes were not enough to defeat the motion, however. Board member Randy Freeman voiced his support of the motion by reading off a long list of district accomplishments during Kennedy's tenure. Bob O'Donnell gave no reason for his decision, simply saying he was voting to approve the motion.

The deciding vote was cast by Board President Ron Ulibarri.

"What you have to understand is that when this contract was first negotiated when Dr. Kennedy was hired in 2013, he accepted a starting salary of $165,000 with the knowledge that each year, like the teachers, he would receive a step in column increase," Ulibarri said.

That's where things get a bit complicated. In an interview with Menifee 24/7 on Monday, Ulibarri said, "The superintendent negotiated at the beginning of his contract that he gets the one year and two years out each year. And each year, it goes up 3 percent."

That was the case until this year. However, according to the terms of his contract, Kennedy's 3 percent annual step increases ends with the 2019-2020 fiscal year. Thus the board was not obligated to extend his contract another year. Doing so was strictly a voluntary decision, which Ulibarri admitted after the meeting when questioned further.

At first, Ulibarri repeated his statement that the extension "is in his contract." When shown the contract language stating otherwise, he replied, "That's the way it's normally done with superintendents."

Ulibarri did finally acknowledge that the contract extension was not mandatory this time, saying, "Three of the five of us wanted to extend it."

The primary complaint raised by the four people who spoke prior to the vote was that such an extension was not appropriate during a time when Menifee teachers are still without a contract. They are still trying to negotiate a contract for last year.

"With Dr. Kennedy as superintendent, we have been at an impasse in our last four contract cycles," said Shelli Sullivan, the new president of the Menifee Teachers Association. "Why should his contract be extended? Is this an effort to protect him in the event new board members will take office in November and not agree with this decision?"

The school board seats held by Ulibarri, Freeman and Bowman are up for re-election in November.

The most outspoken public speaker was Deanna Olson, the parent of a child in the district.

"Come November, we're going to remember," she said, referring to the upcoming school board election. "You decide he (Kennedy) gets to stay. We decide if you get to stay. You work for us, and you are not doing your job. This mom's not going to be quiet."