Bernd, Cloyde Mckinley "Mac," Ph.D.

Bernd was Superintendent of Little Rock School District from July 1992 to June 1993. Includes correspondence and newspaper clippings
June 6, 1992 Dear Mac: As promised, here (from my For-What-lts-Worth Department) is my old idea for pulling together areas that are too scattered and out of touch with each other in the LRSD. This is an oldie but still a goodie, 1 think. Take all, part, or none: my feelings wont be hurt in any case, honest. Very truly yours, P.S. Although 1 didnt do it at the time 1 dreamed this up, the personnel department, a.k.a. Human Resources, would fit into this arrangement very well. However, the folks presently in that department wouldnt do as the management of a Community Resources and Relations configuration. The present Human Resources staff doesnt often practice positive community relations and they dont understand that volunteers are really just unpaid staff.Department of Community Resources and Relations Encompassing the following programs or function areas: Volunteers in Public Schools Partners in Education PTA/PTO/PTSA/ liaisonship Parent education (programs that help parents help us, such as APPLE [Arkansas Parents: Partners in Learning Experiences], HIPPY [Home Instruction Program for Preschool Youngsters], Parents as Teachers, etc. PAC (Chapter 1 Parent Advisory Council) Grants procurement (to provide research, development, technical assistance and oversight for grants procurement [federal, state, and private sector] in support of new or existing programs.) Special programs (to develop specialized programs involving creative use of community resources like NIKE [Neighbors Involved in Kids Education], You Miss School-You Miss Out, etc., and to provide liaisonship and facilitation for such school/community projects as New Futures, Cornerstone, etc.) Communications Department Federal Programs Materials Resource Center (to provide an organized, systematic means for promoting donation of surplus materials from the community-especially businesses~to the district. This MRC would be coordinated with the Supply Center and Instructional Resource Center.) The Department of Community Resources and Relations would bring more closely together those programs and activities which channel our communitys human, financial, and material resources into the district. This departments broad umbrella would cover and coordinate all manner of: volunteer programs and services parent involvement and education relationships with business and community organizations identification and development of new human, financial, and material resources development and support of model programs of community collaboration communications and public relations fill various community liaison rolesFRIDAY, ELDREDGE & CLARK HERSCHEL H. FRIDAY. P.A. ROBERT V. LIGHT. P.A. WILLIAM H. SUTTON. P.A. JAMES W. MOORE BYRON M. EISEMAN. JR.. P.A. JOE D. BELL. P.A. JOHN C. ECHOLS. P.A. JAMES A. BUTTRY, P.A. FREDERICK S. URSERY. P.A. H.T. LARZELERE, P.A. OSCAR E. DAVIS, JR. JAMES C. CLARK. JR.. P.A. THOMAS P. LEGGETT. P.A JOHN DEWEY WATSON. P.A. PAUL e. BENHAM III. P.A. LARRY W. BURKS. P.A. A. WYCKLIFF NISBET. JR.. P.A. JAMES EDWARD HARRIS. P.A. J. PHILLIP MALCOM. P.A. JAMES M. SIMPSON. P.A. MEREDITH P. CATLETT. P.A. JAMES M. SAXTON. P.A. J. SHEPHERD RUSSELL Ml DONALD H. BACON. P.A. WILLIAM THOMAS BAXTER. P.A. WALTER A. PAULSON M. P.A. BARRY . COPLIN. P.A. RICHARD D- TAYLOR. P.A. JOSEPH B. HURST. JR.. P.A. ELIZABETH J. ROBBEN. P.A. CHRISTOPHER HELLER. P.A. LAURA HENSLEY SMITH. P.A. ROBERT S. SHAFER. P.A WILLIAM M. GRIFFIN Ml. P.A. THOMAS N. ROSE. P.A. MICHAEL S MOORE A PARTNERSHIP OF INDIVIDUALS AND PROFESSIONAL ASSOCIATIONS ATTORNEYS AT LAW 2000 FIRST COMMERCIAL BUILDING 400 WEST CAPITOL LITTLE ROCK. ARKANSAS 72201*3493 TELEPHONE 601*376*2011 FAX NO. 601*376*2147 August 26, 1992 RECEIVED AUG 2 a Mr. John W. Walker JOHN W. WALKER, P.A. 1723 Broadway Little Rock, AR 72206 Office of Des^^aSiCO WiMiWiXins Re
LRSD Desegregation Issues Dear John: I am writing in regard to two letters which you mailed to Dr. desegregation Bernd on August 14, issues. Dr. Bernd 1992, I and DIANE S. MACKEY. P.A. WALTER M. EBEL IM. P.A KEVIN A. CRASS. P.A. WILLIAM A. WADDELL, JR.. P.A. CLYDE 'TAB' TURNER. P.A. CALVIN J. HALL. P.A. SCOTT J. LANCASTER, P.A. JERRY L. MALONE. P.A. M. GAYLE CORLEY, P.A. ROBERT 8. BEACH. JR.. P.A. J. LEE BROWN. P.A. JAMES C. BAKER. JR.. P.A. M. CHARLES GSCHWEND. JR.. P.A. HARRY A. LIGHT. P.A. SCOTT H. TUCKER JOHN CLAYTON RANDOLPH GUY ALTON WADE PRICE C. GARDNER THOMAS F. MEEKS J. MICHAEL PICKENS TONIA P. JONES DAVID 0. WILSON JEFFREY H . MOORE T. WESLEY HOLMES ANDREW T. TURNER SARAH J. HEFFLEY JOHN RAY WHITE counsel WILLIAM J. SMITH WILLIAM A. ELDREDGE. JR.. P.A. B.8.CLARK WILLIAM L. TERRY WILLIAM L. PATTON. JR.. P.A. V RITEN't DIRECT NO . (6011 370-3367 faxed and both of which raised I agree that all communications from counsel in LRSD v. PCSSD to the Little Rock School District concerning desegregation issues should be directed to me. Please direct all future communications to me. I learned today that you made direct contact with an LRSD administrator to request a list by race and gender of students who will participate in an Aerospace symposium on September 4, LRSD has not compiled such a list. _ 1992 . CJH/k cc: Dr. Mac Bernd Ms. Ann Brown All Counsel Yours_ye: '/ Christopher Aleller Little Rock School District August 28, 1992 Mrs. Ann Brown, Monitor Office of Desegregation Monitoring 201 East Markham Street Suite 510 ! Little Rock, AR 72201 Dear Ann
Mrs. Kumpuris spoke with Mrs. Gulden this afternoon on my behalf concerning a situation and a proposed resolution. This letter is to ask your ratification of our solution. A white student by the name of Jasmine Elizabeth Cassel lives in the Little Rock School District at 3701 Boyd Street, which is in the Southwest Junior High School attendance zone. This address is a racially mixed neighborhood and the student lives on a street where a number of black students attend Fuller Jr. High in the Pulaski County Special School District on an M to M transfer. By mistake. Jasmine was enrolled in Fuller Jr. High and was accepted into the TAG program. The residency error was discovered and the parents were informed that the child, because she is white, could not be released from LRSD to a PCSSD school. student was extremely disappointed and upset, friend is black and attends Fuller Jr. High. Needless to say, the Jasmine's best Our office has conferred with Mr. Bobby Lester of the PCSSD, and we feel that we could resolve this matter on a win-win basis by assigning a willing Fuller Jr. High white student to the LRSD in exchange for Jasmine enrolling at Fuller, the racial balance of either district. This would not affect Mrs. Gulden and Ms. Powell conferred and gave our office verbal approval to assign Jasmine to Fuller. sensitivity to the plight of this young lady. appreciate their cc
Mr. Bobby Lester Ms. Marie Parker Ms. Melissa Gulden 810 West Markham Street Sincerely, Mac Bernd Superintendent of Schools APPROVED
Ann Brown Little Rock, Arkansas 72201 (501)324-2000 I ) I s g J I I i JMEMORANDUM Date: September 10, 1992 From: Melissa Guldin To: Subject: Ann Brown LRSD Transportation of M-to-M Students I am concerned about the persistent problems associated with the LRSD transportation of M to M students to PCSSD. As we have discussed previously, M-to-M students are continually delivered late to County schools. In some instances, students are arriving as much as an hour late. This has been a long term problem and I received complaints regarding this issue last year, but it seems much more severe now. I realize we encouraged the PCSSD administration to deal directly with LRSD to expedite a resolution, but this does not seem to be working. I called BiUy Bowles this morning to inquire if any progress had been made in resolving the transportation problems. He stated that he had spoken regularly to Mr. Armstrong in the transportation department, but problems were still numerous. Students are regularly delivered late to Crystal Hill, Robinson Elementary, Robinson Junior High, Robinson Senior High, Oak Grove, and Sylvan HiUs Junior High. There may be problems at other schools with M-to-M students also. These schools were given to me by Mr. Bowles as those he remembered with the greatest problems. He did not refer to his records for a detailed list. I also continue to be concerned about the LRSD students participating tn the Baker extended day program. I do not believe their transportation problems have been resolved either. The success of all three districts desegregation plans depends upon voluntary student movement. This movement is accomplished through M-to-M transfers. How can the districts meet their goals if students are discouraged from seeking transfers due to an inferior transportation system? While I understand the complexity of the transportation system, students should not have to pay the price for an administrative snafu. The daily late arrivals at school are a bigger problem than the slight irritation and inconvenience caused by any tardy student. By continually arriving late, the M-to-M students are missing learning time and they are bound to feel like outsiders. A conscientious student trapped on a habitually late bus must feel so frustrated and powerless. In the past the LRSD relied on cabs to deliver many students. I understand that an effort has been initiated to greatly reduce or eliminate cab transport. This is perfectly acceptable as long as students are being transported to the proper school in a timely fashion. That is not happening. There seems to be some indication that routes are either too long or too poorly organized to assure that students arrive on time. If additional bus route are needed to accomplish this goal, they should be added immediately. The relationship between an effective transportation department and successful desegregation is clear
more attention must be given to making the system work for kids.MEMORANDUM Date: September 16, 1992 From: To: Subject: Melissa Ann Incentive School Enrollment As you requested, Bob and I have been trying to acquire the current incentive school enrollment lists that will determine the number of incentive school children reassigned for the 1992-93 school year. While I have been working on this for quite some time, there is little progress to report. A chronology of the quest follows: 7/30/92 - 1 sent the attached letter to Marie Parker requesting information. Approximately three weeks later -1 placed a reminder call to Marie. She indicated she would get right on the matter and determine the reason for delay. 9/1/92 - The computer list of 1991-92 incentive school enrollment and the preliminary assignments for 1992-93 was received. This information was generated by the Hewlitt Packard (HP) system and indicated that all students were reassigned to the same schools in 1992-93 as the previous year. No new registration information had been entered. 9/10/92 - Bob called Becky Rather in the student assignment office to inquire about usable lists. After several attempts, he spoke with her and was informed that Julie Weidower had requested the earlier information and Bob was directed to speak to her. Julie was not in the office that afternoon, so he left a request to speak to her on the following Monday (9/14/92). 9/14/92 - When Bob reached Julie, she indicated that while she had ordered the earlier enrollment information for ODM, it was really Sue Pedersons job and Bob should speak to her. Bob left a message for Sue to call. 9/15/92 - Sue Pederson returned Bobs call and indicated that it would be a problem to furnish the information we requested. The original printouts furnished to ODM were generated by the old HP system and now all records have been converted to the new software. To follow this up Bob Morgan placed two calls to the LRSDs Bob Connelly trying to determine the capacity their system had to generate the desired student assignmentinformation. During the first call, Connelly stated that the problem arose because the data processing people had used the old software for student promotion before transferring that information to the new software. The new software was used for the subsequent assignments. As a result, the information regarding each childs 1991-92 school assignment is not currently recorded with this years information. Connelly indicated that the 1991-92 assignment information would be added in about a month or so. After this initial conversation, Morgan called Connelly again to suggest that student ID numbers used as a bridge between the two software systems, allowing generation of the desired data. Morgan did not succeed in persuading Connelly to undertake this task. This has been a rather frustrating process. It has taken quite awhile to receive information and we still do not have the data we need. The assignment fate of children attending the incentive schools during 1991-92 remains unclear. There is continued concern that students may have been too strongly encouraged to leave incentive schools simply to reduce class sizes to the 20 limit. It is already so late in the school year that any student changes would be disruptive, but neither children nor their parents should feel pressured to make school assignment for a districts convenience. Please let Bob or me know if we should pursue the matter further.To: Marie Parker, Associate Superintendent for Equity From: Melissa Guldin, Associate Monitor Subject: Incentive School Enrollment Date: July 30, 1992 The May 1, 1992 court order regarding proposed modifications to the desegregation plan dealt at great length with the issue of class size in the seven incentive schools. In that order students who attended the incentive schools during the 1991-92 school year were allowed to remain at their current school until they move on to junior high or voluntarily transfer to a new school. The order also states that no new student may enroll at any incentive school if his/ her enrollment would cause the class size to exceed the ordered limits. An exception to the class size limit is permitted if the new students enrollment would improve racial balance. In order to effectively monitor compliance with the May order, I need some information from your office. The first item required is a list, by school, of all students who attended each incentive school during the 1991-92 school year. There is no need for the assignment office to prepare a special report
a copy of your computer printout listing student names would be fine. Please forward the 1991-92 data to ODM by August 10, 1992. The same information will be needed for the 1992-93 school year as soon as it is available. Thank you again for the opportunity to sit in on the student assignment appeals review. I now have a much better understanding of the appeals process. I hope your first week with the Little Rock School district has been a good one and I look forward to working with you.\0 'Z? BvA I Little Rock School District October 14, 1992 Q ocr I 5 I9S2 Office of Desegregalion Moniioring Mrs. Ann Brown Desegregation Monitor 201 East Markham Suite 510 Little Rock, AR 72201 Dear Ann: I am writing this letter on behalf of the Little Rock School District, the Pulaski County Special School District, and the North Little Rock School District. Jim Smith, Bobby Lester, and I have discussed and agreed upon the need to have a short time to examine monitoring reports before they are released to the Court and to the media. We understand that your office has a need to give timely and accurate information to all parties. At the same time, it is necessary for us to notify our Boards and to develop appropriate responses for the media. In order for this to be accomplished, we would appreciate it if you would wait three days after giving us a monitoring report before filing it with the Court and releasing it to the media. We realize it will be important for us to maintain the confidentiality of this information during this three-day period, and we pledge to do so. We have enjoyed the support and consideration that your office has given us and feel that the waiting period we have requested in this letter will only reinforce our positive relationship. Although I am writing this letter, please feel free to contact any of the three superintendents regarding this issue. Sincerely, Mac Bernd Superintendent of Schools cc: Mr. Bobby Lester Mr. James Smith J 810 West Markham Street Little Rock, Arkansas 72201 (501)324-2000Office of Desegregation Monitoring United States District Court Eastern District of Arkansas Ann S. Brown, Federal Monitor 201 East Markham, Suite 510 Heritage West Building Little Rock, Arkansas 72201 (501)376-6200 Fax (501) 371-0100 October 16, 1992 Dr. Mac Bernd 810 West Markham Street Little Rock, AR 72201 Dear Mac: Thank you for letting me know that Bobby Lester, James Smith, and you would like to have some time to examine ODM monitoring reports before the media receives them. I have discussed your request with Judge Wright, and we are agreeable to your having reasonable time to prepare public responses to ODM reports. Lets try the following approach to see how well it meets your need for advance notice and my need for fulfilling ODMs responsibilities to the court: I will give ODM reports to you and the other parties the morning of the day before the documents are filed with the court. Reports will not be filed until the afternoon of the following day. This schedule will give you almost two full days to review a report before having to deal with media inquiries. I will count on you, Bobby, and James to maintain your pledge for strictest confidentiality. If there should be a confidentiality breach at any time, 1 will no longer furnish advance copies of reports. In any case, my staff and I will continue our practice of reviewing preliminary ODM reports with your staff, a discussion that affords another type of advance notice. Please let me know how this arrangement works for you. Very truly yours, Ann S. Brown cc: Judge Susan Webber Wright Bobby Lester James Smith Little Rock School District RECEIV^^ February 5, 1993 FEB 1 1 1993 Mrs. Ann Brown Desegregation Monitor 201 East Markham Suite 510 Office of Desegrsgation Moi tnng Little Rock, AR 72201 Dear Ann: I have appreciated your help and support as all of us work hard to improve the Little Rock School District. I also am concerned about carrying out the orders of the desegregation plan. Court with regard to Because of my concern about this issue, our would sincerely appreciate your sending me the instrumentation which you will be using for future monitoring activities. I am making this request so that the District can better follow the desegregation plan and maintain its focus on this vitally important issue. I would certainly appreciate receipt of these instruments as soon as possible so we may use them in conjunction with our own compliance efforts. I We have appreciated your past cooperation in this regard and apologize for any possible duplication, but we would like to have a complete set of past instruments as well complete file of all of these documents. so we may have a Sincerely, Mac Bernd Superintendent of Schools 810 West Markham Street Little Rock, Arkansas 72201 (501)324-2000 Office of Desegregation Monitoring United States District Court Eastern District of Arkansas Ann S. Brown, Federal Monitor 201 East Markham, Suite 510 Heritage West Building Little Rock, Arkansas 72201 (501) 376-6200 Fax (501) 371 -0100 February 17, 1993 Dr. Mac Bernd Superintendent 810 West Markham Street Little Rock, AR 72201 Dear Mac
Thank you for your letter of February 5, 1993, which 1 received on February 11, 1993. As you requested. Im enclosing copies of monitoring information 1 provided last fall. If you should need additional copies of any ODM monitoring reports, which 1 have routinely furnished all parties, please let me know. I share your concerns about the importance of the districts canying out the desegregation plan and related court orders. Thats why I place such emphasis upon communication and understanding, and why my staff and 1 spend a great deal of time trying to promote both those processes in the spirit of helpfulness and support. As a matter of fact, since last July when you became superintendent, my staff and 1 have had more than 30 meetings with your administrators to discuss ODMs monitoring. The implications of the December 30,1992 Court Order, which deals with the impact of the LRSD budget cuts, have been the subject of some of those discussions. Over the months, weve also covered many other topics, including ODM monitoring priorities, instruments, methods, and findings
the incentive schools
early childhood programs
the Biracial Committees
the McClellan magnet program
incentive school staffing needs assessment
the alternative school
the Academic Support Program
the Four- Year-Old Longterm Plan
counseling ser\'ices and state counseling standards
the budget process and budgeting cuts
the aerospace magnet school and grant
and the King assignment zones and theme selection process. In addition to the many in-person meetings, there have been countless phone calls exchanged between members of my staff and yours about these same topics and many others. You are also well aware of the numerous conversations that Chris Heller and I have engaged in, as have you and 1.Page Two February 17, 1993 Moreover, to promote accuracy and to minimize the chance of "surprises," we routinely review our written monitoring reports with district administrators before filing them with the Court and releasing them to the press and the public, judge Wright has also taken steps to ensure the best use of the time and resources of us all, issuing a scheduling order prior to hearings so the parties and counsel can fully prepare for the subjects to be covered. I also try to help you and your colleagues anticipate what to expect at hearings. Prior to the last hearing, 1 repeatedly emphasized to you, Chris, and others that the Court would have many hard questions about the status of the LRSD budgeting process and junior high capacities. 1 also stressed that, since judge Wright does not engage in ex parte communication, she would likely pose questions on other topics related to her Orders of May, November, and December 1992. There is no secret or mystery about how ODM monitors. My staff and 1 frequently discuss our monitoring priorities, methods, and findings in both formal and informal meetings with district personnel. Also, 1 recap the ODM monitoring approach in the introductory section of each ODM report. As 1 stated in my October 15, 1992 letter, which listed ODMs 1992-93 monitoring priorities, our monitoring is based on the desegregation plans, court orders and directives, and any unforeseen events" related to ODMs charge. A recent order is one of those unforeseen events to which ODM is now responding. As you know from the last court date, judge Wrights December 30, 1992 Order will be the subject of a hearing to be scheduled soon. To explain ODMs response to that Order and what you can expect at the hearing, 1 will briefly summarize information that has appeared in my previous letters, memos, and reports about ODMs monitoring approach: All our monitoring relates to the districts settlement agreements, court orders, the judges directives, and state requirements. The monitoring instruments (or guides" as we call them) used in long term monitoring are based directly on desegregation plan and order language. The introduction to ODMs june 5,1992 Incentive Schools Monitoring Report details ODMs systematic approach to a long term monitoring project and the three main information sources we use: written information, interviews, and observation. In short term or "status" monitoring, which takes place within a short time period, we do not create a special monitoring instrument
instead, as explained in the introduction to the Octobers, 1992 McClellan Status Report, ODMs investigation is guided by plan provisions and court orders that pertain most directly to the subject being scrutinized. We also rely on the same three main information categories: written sources, interviews, and observation. (The distinction between a long term monitoring report and a short term status report is clearly defined in the McClellan report.) Given the short timeline we have for monitoring the December 30, 1992 Order, ODM is presently conducting a status type investigation, as we did with McClellan last fall, using the specific language of the Order, the desegregation plans, and state standards to guide our monitoring. Also because of the brief time period, instead of publishing a written report, we will present our findings during the hearing scheduled for that purpose.Page Three February 17, 1993 By analyzing the December 30, 1992 Order and reviewing our previous monitoring reports, you and your staff will be able to anticipate the focus of our current monitoring and how we are going about it. Heres an example that, while not exhaustive, illustrates how we are carrying out our present monitoring assignment: In the section of the Order entitled "Counselor Positions and Elimination of the Pupil Personnel Department," the Court stated (on page 10) that "if monitoring determines that the district is unable to provide the full range of required services, the Court may direct the district to restore u eliminated positions.' To monitor this part of the Order, we are looking at a variety of information that includes the requirements of the desegregation plans and state statutes
reviewing documentation to determine the number and placement of counselors before and after the reductions
examining records to assess the extent of any caseload changes
reviewing school records and interviewing counselors, principals, and other administrators to identify any changes in the number and types of counseling programs or services mandated by the plan and state standards, such as individual and group counseling, at-risk interventions, career development activities, test-taking assistance, etc. If you or your staff want to contact me or my associates for additional information about a particular aspect of our current monitoring, well be happy to answer any questions. Very truly yours, cAv Ann S. Brown Enc.Pat Lynch show, March 22, 1993 Mac: I miss Lynch at Large L: Whats going on in the district? re Judge Wrights comments.. How will district respond? Mac: As supt, it is my job to carry out plan and thats what 1 intend to do. The board is concerned about what was said. Will meet this Thursday. I believe SWW has said its possible we cant afford the plan, its a tremendous dilemma. L- She appointed a man who doesnt even live in LR [Mooney] to oversee the districts spending on deseg. What will he do? Mac: Were lucky because that amount of money is already in ODMs budget. He will help us develop the system so the Court can effectively monitor expenses. Ive talked with him and he has an excellent background in terms of the skills needed. This kind of a system is something we do need. We are trying to fix the car while driving it, so Mooney can work to help develop the budget system and the reporting system. Weve had a tremendous problem with our computer system. He will be able to work with that system. L: Is SWW trying to provoke the crisis that will cause the parties and settlement to say uncle? Mac: For me to comment would be a value judgement. It could be. We have a problem, we are charged with implementing the plan. Everyone can see the situation the district is in. One purpose of the hearing was to look at the effect of the cuts. Were looking at deficit of 5.6 million for 93-94. If we have to put back in former cuts, that will add that costs to next years deficit. L- How will the study group proposal fare? Mac: We will put some of those suggestions to the board. Some suggestions we couldnt put hard dollars to. Some suggestions will be politically unpopular, like closing of schools. In the end, I have to make the recommendations, some will come through and some not. L
Were you surprised at stern tone of the committees recommendations? Mac: No, they appreciate the financial mess we are in. L What recommendations would you not put before the board. Mac: Cant answer it directly. What I plan on doing after consultation will be to put three or four alternatives before the board so they can choose most viable. Salary freeze would provoke outcry. L- The committee seemed to protect the classroom. Reflective of the school district as a whole. Mac: LR has a lot of interest groups protective of their turf and the battle is focused on the district. There will be powerful and vocal interests concerned about the proposals. Basically, the committee wasnt politically sensitive. L: Whats the timeframe? Mac
Will have to have it concluded by the end of April. Will have community sessions, plenty of sunshine on everything.Arkansas Democrat"W(!5azcllc June 11, 1993 Ann Brown Desegregation Monitor Office of Desegregation Monitoring 201 E. Markham Street Little Rock, AR 72201 received JUN I 4 1993 Dear Ann
Office of Desegregation Monitoring Here is the copy we have of Mac Bernd's employment contract, which I mentioned when we spoke over the tele-phone earlier today. Although it is full of a reporter's chicken scratch, I think our copy is still readable. As always, thanks for returning my call so promptly today and for your help during the court hearing earlier in the week. I appreciated it. Best, Danny Shameer CAPITOL AND SCOTT P.O. BOX 2221 LITTLE ROCK, ARKANSAS 72203-2221 (501) 378-3400 z 11, EMPLOYMENT CONTRACT BETWEEN DR. CLOYDE M. BERND AND THE LITTLE ROCK SCHOOL DISTRICT BOARD OF DIRECTORS This employment contract is made and entered into this twenty second day of May, 1992 by and between the Little Rock School District Board of Directors (hereinafter referred to as "Board"), and Dr. 11 Cloyde M. Bernd Superintendent"). (hereinafter referred to as WHEREAS, the Board desires to provide the Little Rock School District Superintendent with a written employment contract in order to enhance administrative stability and continuity within the Little Rock School District, which the Board believes improves the quality of its overall educational program
and, MuroPBc t * A f o Board and Superintendent believe that a written employment contract is necessary to specifically describe their relationship and to serve as the basis of effective communication between them as they fulfill their covenants and administrative functions in the operation of the educational program of the District
NOW THEREFORE, the Board and Superintendent, for the consideration herein specified, agree as follows: 1. Term The Contract shall be from the starting date until June 30, 1995. It is mutually understood and agreed between the Board and Superintendent that in the absence of a written notice from one to the other of an intention not to renew this contract, such notice to be given by the parties hereto not sooner than October 31 and not later than December 31 of each calendar year, this Contract shall be automatically extended and kept in full force and effect subject to all its terms and conditions for a three year term commencing on the following July 1. Service of notice shall be by hand delivery or by certified mail, return receipt requested. Should the Superintendent be able to work for the Board prior to July 1, 1992, the Board shall pay fnr this wor]c nn p^g H-ph basis calculated from the Superintendent's annual salary. ^Tray.l_for the SuperintendenttQ accomplish this-work^shSll be 'the Board, /"aridisshan hot count as the "house hunting" discussed in Paragraph 3b. below unless the Superintendent's spouse accompanies him on such trips. 2. Salary The Board shall pay the Superintendent an annual salary of $110,000.00 payable in equal monthly installments for the 1992-93 ioT iscal year.The Board will review the Superintendent's performance on a date between October 31 and December 31, 1992 and annually thereafter. This review will be conducted in Closed Session and will be accompanied by a statement in writing which specifically describes and evaluates the Superintendent's performance. The Superintendent may respond to the review in writing. attached to the written statement by the Board. Any written response will be Immediately following each annual performance review, the Board will establish an annual salary for the Superintendent. Tjie Superintendent will receive annual salary at least equal to the same perge^age rate as the rate granted to teachers in the Little Rock increases SchoolDistrict, so 16nq~as tJiT^_percentage does not exceed five (5_%) percent.' In no event shall the salary^be decreased from the prevxoOsyear's Superintendent. salary without the written consent of the 3. Benefits a. The Board shall pay one time actual relocation expenses for the superintendent to fslocAte from his^present' residence to the vicinity of the City of Little Rock, Arkansas. Arrangement shall be made for the Board to pay said expenses directly to the vendors accomplishing the move. b. The Board shall pay actual expenses for trips for the Superintendent and his spouse. o house hunting i c. The Board shall pay for temporary housing for th& Superintendent, if necessary, with payment up to $600.00 per month for two (2) months. d. Because the Superintendent is on call for twenty-four (24) hours during his regular work days, the Board shall provide the Superintendent a. - new. mid size domestic automobile. equipped with a cellular tp.lpphnnp for hiq sole and, professional The Board will pay the operational, use. e. f. maintenance, telephone. and replacement costs of the automobile and years by the Board. This "atlLoiiiubirlestiarH bs repTac^ every" three The Board will also furnish a new A notebook computer to the Superintendent for work at his place of residence or other locations away from the District. The Superintendent agrees that the Board is authorized to make such deductions from his salary as may be authorized or required by applicable law, including, but not limited to, withholding and other applicable taxes and contributions to retirement plans. The Board agrees to give the Superintendent an expense allowance of $200.00 per month to coyer the cost of misc^laneous expenses incurred in the course of his duties.~ The Superintendent shall have twelve (12X-Workinq-dav&-of-&ick.. 2g- h. 1. j leave annually. His beginning amount of sick leave will be sixty (60) days as of July 1, 1992 with accrual of-one (1) day per month of sick leave to begin immediately thereafter. If the Board funds a plan for payment to teachers for unused sick days, the Superintendent will be compensated at his per diem rate for the number of sick days for which he would be entitled to payment under the plan. The Superintendent shall have twenty (20) working days of vacation annually. each school fiscal year. These days shall be awSTded on July 1 of these vacation days, they shall be accrued. Should the Superintendent not use All accumulated unused vacation days shall be compensated at the per diem Superintendent's salary rate in effect at the time the Superintendent leaves the District. The Superintendent shall also be entitled to such holidays as are authorized by the Board for all administrative employees for the Little Rock School District. The Board agrees to maintain disability, medical. dental. vision, and term life insurance on and for the benefit of the Superintendent and medical, dental, and vision insurance on and for the t nf Superintendent's-wife arid dependent children. These benefits shall be a eas to the benefits provided to teachers in the Little Rock School District. In the event the Superintendent shall be disabled and unable to perform his duties under this Agreement by reason of sickness, accident. or other cause beyond his control, and such disability continues for more than thirty (30) days, the Board may appoint an Acting Superintendent to fulfill the duties and responsibilities of the Superintendent under this Agreement. In the event the Superintendent shall be disabled and unable to perform his duties under this Agreement by reason of sickness, accident. or other cause beyond his control, and such disability continues for more than ninety (90) days, the Board may terminate this Agreement. In the event of termination due to disability, the Superintendent shall continue to receive the salary and benefits provided for in Paragraphs 2 and 3 of this Agreement for a period of six months from the date the Superintendent becomes disabled and also has exhausted all accrued sick leave and vacation. The Board's decision and determination as to the disability of the Superintendent shall be final and shall be based on the opinion of a properly licensed medical doctor or doctors. Upon execution of this Agreement by both parties, the Board shall exercise__its best efforts to ^obtainapo 1 icy of di_saBiTity insurance for_the benefit of the Superintendent exercise nbtain provTdihg for payments,._in the_eventofdisahility due to sickness or accidents, < commencing six (6) months after the 3 j I I si i ! I Ik. 1. Superintendent ^becomes disabled and continuing to age 65, which policy of~3isability insurance shall provide a monthly income of at' east Sxiperintendent's base sa forty-five percent (45%) of the ___ ,rv as piuvided in this Agreement,~ with Waiver of premium provisions. Board does not The represent or warrant that disability as defined by such policy shall be the same as disability as determined and defined by the Board. If the Board disability insurance policy, is successful it will pay in obtaining the a necessary premiums thereon to maintain said policy in force during the remaining term of this Agreement and any extension thereof. The parties hereto recognize that the terms and conditions of disability insurance policies vary and that the Board shall consult with the Superintendent before final selection of any such policy. Notwithstanding the foregoing, the obligations undertaken in this Paragraph shall be fully discharged if the Board obtains and maintains in force a policy of disability insurance containing terms and provisions consistent with those referred to under this Paragraph. Because the Superintendent has relocated from another State, and said relocation detrimentally affects the Superintendent's retirement, the Board agrees to furnish to the Superintendent aru^dditional $ 10, OOOTUO annually to BS placedin This Annuity plan is to be Sheltered Annuity (l.R.S. 403 B)~7 -aTax selected by the Superintendent. If the Superintendent leave's"* the)-isti~rctbefor'e~servihg three ^contract years, he shall~> repay' the District the full amount of all pa^ymehts made If the Superintendent leaves rhe pursuant to this paragraph.' District after serving three full contract years but before serving four full contract years, he shall repay the District one-half of all_pavments made,.pursuant to tHTS" paragraph. Tf the Superintendent leaves the District after serving four full contract years but before serving five full contract years, he shall repay the District one-quarter of all payments made pursuant to this paragraph. If the Superintendent leaves the District after five full years, the Superintendent shall have no obligation to repay any of the payments which have been made pursuant to this paragraph. If the Board terminates the Superintendent's contract before June 30, 1997, or decides not to extend the contract beyond that date, the Superintendenf^ shall have no obligation to repay any of the payments whicli.7 have been made pursuant to this paragraph. The Board encourages the continuing professional growth of the Superintendent through his participation in state and national conventions, seminars, or other functions intended for the purpose of increasing his knowledge and leadership ability. In addition to the expense allowance in paragraph 3(e) above, the Superintendent will keep abreast of developments in the field of education, and the Board agrees to pay his expenses , in attending meetings, seminars, workshops and other programs 4m. n. for this purpose. With the prior knowledge of the Board, the Superintendent may undertake consultative work, speaking engagements, writing, lecturing, or other professional duties and obligations
said outside professional activities may be performed for consideration provided they do not interfere with or conflict with the Superintendent's performance of his duties under this Agreement. The Board shall pay the Superintendent's membership charges for the American Association of School Administrators and for the Arkansas Administrators Association. In addition, the Board shall pay the membership charges and associated expenses for one (1) service club. 4. Physical and Professional Conditions There shall be filed in the records of the Little Rock School district an official transcript of the Superintendent's college training, proof of his date of birth, and a current, valid teaching license of the highest grade attainable with college credits, which license the Superintendent shall be responsible for maintaining during the term of this Agreement. Because his current license is from another state, a reasonable amount of time will be given^Tor the Superintendent to obtain such license after beg~ihhih~g his~ duties on July 1, 1992. in accordance with law and the regulations of the Arkansas State Board of Health, the Superintendent shall file annually a certificate issued by a reflecting his condition of physical and mental health. licensed physician The Board shall bear the expense of the Superintendent's annual physical. 5. Related Employees The Superintendent represents to the Board that he is not related to any member of the Board within the degrees prohibited by the laws of the State of Arkansas. 6. Duties and Responsibilities The Superintendent shall be the Chief Executive Officer of the Board. All powers and duties which may be delegated lawfully to the Superintendent are so delegated by the Board. These powers and duties are subject only to those powers vested exclusively in the Board under state and federal law. In addition, the Superintendent shall perfor-m such further duties as shall be assigned or required of him by the Board, provided however, such additional duties shall be in character and consistent with Superintendent of the district. the position Only the Board, of the in a legally 5 called meeting, may direct the Superintendent. The Superintendent will have complete freedom, subject to state and federal law, to organize. reorganize. and arrange the administrative and supervisory staff in a way which, in his judgment, best serves the Little Rock School District. This authority does not empower the Superintendent to increase the number of positions in his cabinet without Board approval. It is understood by the Board that the employees of the District report to the Superintendent in his capacity as chief executive officer of the Board and shall work under his direction. The responsibility for selection, placement, evaluation, and transfer of personnel shall be vested in the Superintendent. Board will not act on personnel matters except upon recommendation ~of the Superintendent.~ District. It is understood by the Board that its individuaX direct or command any of the employees of the It is also understood that the Superintendent as chief executive officgr~'dr~the Board, is the designated spokesperson for the District because he alone is empowered to carry out the Board's direction. Board members may express their individual views to the public and the press on matters of public concern, but the Superintendent will speak for the District. concern. The Board will not enter into district Superintendent. any binding agT-ftiainxrvbwithany union ^representing employees except upon recommendation of the 7. Board/Superintendent Relationships The Superintendent will work closely with the Board in developing a spirit of cooperation and teamwork in which the Board will accept responsibility for the formulation and adoption of policy and for taking action on matters which by law require Board action. It is agreed that the Board, individually and collectively, will refer promptly to the Superintendent, for study and recommendation, all criticism, complaints, and suggestions brought to their attention. 8. Discharge for Good and Just Cause The Superintendent may be discharged for good and just cause provided. however, that the Board does not arbitrarily or capriciously call for his dismissal and has given him reasonable time to correct the conditions which are the cause of the Board's concern. In the event the Board exercises such right, the Board shall follow the procedures provided by the Arkansas Teacher Fair Dismissal Act, as it may be amended, for nonprobationary teachers. In addition, notice of discharge for good and just cause shall be given in writing along with the specific reason or reasons therefor, and a copy of any and all documents upon which the claim of good and just cause is based. The Superintendent shall be 6entitled to a full, establish such cause and reasons. evidentiary hearing before the Board to If the Superintendent chooses to be accompanied by legal counsel at such hearing, the Board shall bear all fees and costs therein involved. Reasonable time shall be pemnitted for the Superintendent to prepare for the hearing. Such hearing shall be conducted in closed session unless specifically prohibited by State law or a public hearing is requested by the Superintendent. 9. Professional Liability The Board agrees that it shall defend, hold harmless, and indemnify the Superintendent from any and all demands, claims, suits, actions and legal proceedings brought against the Superintendent in his individual capacity. or in his official capacity as agent and employee of the Board, including costs and attorney fees, provided the matter arose while the Superintendent was acting within the scope of his employment and excluding criminal litigation and provided such liability coverage is within the authority of the Board to provide under state law. individual Board members be Except that, in no case, will considered personally liable for indemnifying the Superintendent against such demands. suits, actions and legal proceedings. claims. The requirements of this paragraph may be met by the purchase by the Board of a professional liability policy of insurance. 10. Public Record The parties hereto agree and understand that this Agreement shall become a part of the public record. 11. Waiver The failure of either party to insist upon performance of any of the terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of any right granted hereunder or of the future performance of any such term or condition. but the obligations of either party with respect thereto shall continue in full force and effect. 12. Severability In case any provisions of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall be severable and shall not in any way be affected or impaired thereafter. 713. Entire Agreement This instrument contains the entire agreement of the parties. It may not be changed orally, but only by agreement in writing signed by both parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on May 21, 1992, at Little Rock, Arkansas. LITTLE ROCK SCHOOL DISTRICT BOARD By: (Board President) By: (Board Member) By: (Board Member) By: (Board Member) By: (Board Member) By: (Board Member) By: (Board Member) Superintendent 8Arkansas Democrat 17 (gazette MONDAY, NOVEMBER 16. 1992 I Public invited to Bernd broadcast today -St .Superintendent Mac Bernd will present a live broadcast entitledBernd will TeS?i?i'VeSe'SS = by members of pubHc recen t < _____.., 5 puuiic at a recent series nr seven fnr,,.. luemDers ot the Dublir at a Z - taiocu budding at 810 W. Markham St. .he drSsTd tteSeV''' s administration repeat the major issues discussed at the are being ad-Arkansjvs Democrat /WitCiazcllc THURSDAY, NOVEMBER 19, 1992 B Bernd, board find all quiet on school front BY CYNTHIA HOWELL Ornrocai-Gazelle Eduralion Wtilet Lillie Hock School Board members and Superintendent Mac Bernd went Io where the action wa.s Wednesday, taking the enlire da,v Io visit classes in seven of Ihe disiricl.s schools. Though individual bojird member.s fre(|uenlly visit build ing.s or attend school functions on I heir own time, the tour Wednesday wa.s the first one . taken in recent years by a group of board members whi le school wa.s in session. What they generally found were (|uiel hallway.s and order- I.V classrooms where teachers were leaching and .studenl.s were learning, For example, at .Jefferson El- cnicnlary Scliool, second- graders were listening to a story. "Annie and the Old One, a.s part of their studies aboul pil- grim.s and American Indians. Sixth graders in Becky Ham seys class were using calcula- lor.s to delcrmine how many item.s on ,a menu they could pur chase for under $3. Al McClellan Community High, I Ith-graflers were taking a standardized apliliide test spun sored by the armed forces, while 's two of Marolyn Ogden.s pupil. Ill l''air Park ICIeinenl.ary were improving llieir reading skills by reading aloud the story of "Hairy Bear. Pupil.s throughout I''air Park were wearing hats in observance of "Hats Off To Heading Hay. At Western IlilLs Elemenlary, the board members inspected renovated and new classroom.s and raved aboul the school's ap pearance. They checked on the business and communicalion.s magnet program at McClellan and found evidence that the program i.s indeed being implemented, though not all the com[)uter equipment for the student.s ha.s been installed. Al Terry, the board paused for lunch, eating the same macaroni dish, rolLs and pineapple chunk.s served to students. "The roll.s were wonderful, board member O.G. .Jacovclli said. At Eoresl lleighl.s .lunior High. Ihe board member.s eyed with relief Ihe adjoining sleel structure that will evenlually become aboul 30 new classrooms. The new building will virtu- aIly replace Ihc existing school, whicli was not the besl-looking facililj' board members saw Wednesday. The new classroom.s could be opened in lime for school next fall. "I havent seen anything shocking, board member Horsey Jackson said near the end of the lour, which started at Mitchell Elemenlary al 8:4.', a in. and ended at 3:15 p.m. at Forest Heights. The schools were orderly. .laekson said. Board ineinber.s diligentl.v checked the condition*
of porlahle buildings at some of jhe schools, and asked aboul Ilie impact of lost counseling posi- tion.s thi.s year. The counselors rank.s were reduced as pari of a $10 niillion spending ctil this year. Bernd, who look a few 111111- Utes to read a story to some Fair Park students, ,said that he had asked school office worker.s about their use of the new, somewhat controversial, computer system thi.s year. Barbara Ball, school secretary at .Jefferson, said she has had no problems learning to keep enrollment and attendance records on the new system. She attended five clas.s ses- sioihs to ac<|nainl herself with the system and was beginning to use it to make purchases for the school, she said.2B FRIDAY, DECEMBER 4, 1992 LR group to bolster Bernd pay BY CYNTHIA HOWELL Democrat-Gazette Education Writer Good schools mean industrial development. For that reason Fifty for the Future Inc. is responding to a Little Rock School Board request for private funds to supplement Superintendent Mac Bernds
salary, the president of the organization said Thursday. We are an industrial development group." Sam Sowell said. We exist solely for i that purpose, and good
schools mean good industrial development. The board of directors for Filly for the Future has agreed i to contribute $25,000 and to try to raise an additional $25,000 through voluntary contributions from their membership for Bernd. The organization will take out a second mortgage on Bernds home. According to the plan, if the superintendent keeps his job for five years, he will not have to repay the money to the organization. If he leaves, he will have to reimburse the organization for the funds when he sells his home. Bill Cravens, another member of Fifty for the Future, is making the arrangements for the mortgage agreement. Sowell, owner of International Graphics Inc., said Fifty for the Future is continuing to seek contributions from its members and that the money is beginning to come in. He declined to say how much has been raised. He said there was no reluctance by the board, which met for a regular meeting ' Thursday morning, to proceed with the effort despite some criticism of the plan from the Little Rock Classroom Teachers Association and some media commentators. The financial request by some of the school board members came to light Monday during a radio talk show. The effort had not been publicized previously. School board members said they told Bernd when he was hired in May that they would try to supplement his salary' with private funds from the busines.s community, but I they could not guarantee the extra money. Bernds contract provides a $110,000 annual salary, plus an annual $10,000 annuity. If he stays in the district three years, he can keep half of the accumulated annuity funds. If he stay.s five years, he can keep the entire amount. The idea of private funds for public ofTicial.s is not new in Arkansas. , U.S. District Judge Henry
Woods in 1989 made provisions for community organizations to supplement the salary of Eugene Reville, hired by Woods to be the metropolitan supervisor in the three Pulaski County districts. Woods set Revilles salary at $98,500 to be paid by the three school districts. He also said arrangements could be made with community organizations to prevent Reville from losing money as the result of moving from Buffalo, N.Y. In 1967, when the late Winthrop Rockefeller was governor of Arkansas, it was disclosed that he was person- ally supplementing the salaries of at least 13 state employees by more than $1,000 a year each. The late Joe Purcell, who was attorney general at the time, said in an opinion that it was improper for the governor to supplement the salaries to a point above the salary limits set by the Legislature for the positions. However, according to news accounts from the lime, the practice was not stopped. Rockefeller said it often took more money than the state was providing for a position to get top-night leadership.(l>azcttc p FRIDAY, DECEMBER 4, 1992 EDITORIALS w More light, please Private money and public business hats wrong with a group of civic-minded leaders inducing a promising school superintendent to stay on the job by trying to raise $50,000 in extra pay? Nothing we can think of except not mentioning the idea to the public. Which of course leaves the impression that there is something wrong with it. Actually, this deal sounds like an act of responsibility and generosity on the part of Fifty for the Future in Little Rock, where the school district has had seven superintendents in the past 10 years. It would be more than nice. It would be stabilizing, if somebody like Mac Bernd stayed on for at least five years. It would have been nicer if the school board had mentioned the idea proudly and openly at a press conference when Dr. Bernd first came to town as if it were the public business it is. Then the board wouldnt have had to hold a press conference this week to explain it all and try to dispel the doubts that quiet deals always raise. Moral: There is nothing like secrecy, even the unintended sort, to rouse suspicion and nothing like sunlight to chase away any shadows. The school board made a misL J take when it discussed this deal only informally in executive session and never took a public vote on it. This is the kind of thing the Freedom of Information Act was designed to prevent. If its spirit had been followed, or just remembered, the board and Dr. Bernd would have been spared this weeks embarrassment. The extra $50,000 for Dr. Bernd may represent a commendable private initiative, but it also affects a prominent public employee. And the public like any employer needs to be told when somebody else is paying its servant for doing his job, how much, and why. So, as any good educator would ask, what have we learned from this? That at the end of any executive session of a school board, or even during it, someone should be specifically responsible for asking whether the public needs to know what is being discussed, or if a vote on the matter needs to be taken in open session. One good way of telling is to ask the question: Suppose some radio talk-show host, like KARNs Pat Lynch, produces a memorandum about the decision and asks for an explanation. If that would embarrass, then either the board should not be talking about the subject in private session, or it should let the public in on what has been said as soon as it walks out the door. Its simple when you think about it. Beforehand. If the board needs a reminder, it is welcome to clip and save this editorial for handy reference during every executive session. We would consider it an honor to be of public service. Aikansas Democrat (gazette MONDAY, DECEMBER 14, 1992 Copyright O 1992. Littte Aock Newspapers Inc. I I Mac Bernd, superintendent of the Little Rock School District, I is convening an organizational meeting of about 30 business peo- pie Tuesday night at the school district administration building. The committee will assist in financial planning for the 1993-94 school year. Bernd asked in November for volunteers for the special finance committee, which wilt make recommendations on budget cuts and streamlining the districts operation. Bernd has estimated that the district will have to cut $4.6 million in expenses next year to balance the budget. That cut would follow on the heels of a $10 million budget cut this year. 4Arkansas Demcxirat (gazette D WEDNESDAY, DECEMBER 30, 1992 CoQyngnt O 1992. Utita Rock Newspapers Ine. Bernd asks citizens to assess 8 areas looking for savings 4 BY CYNTHIA HOWELL Democrai-Qazette Education Writer Little Rock Superintendent Mac Bernd has asked a citizens committee to study eight areas of school district operations that could be more efficient. Bernd formed the committee of about 35 people, including parents and business and civic leaders, earlier this month to make recommendations that could be incorporated into the 1993-94 district budget. He told the committee at a meeting Dec. 16 that the district will have to trim as much as $5.2 million in expenses to balance next years budget. The district has a $112 million budget this year. Based on priorities listed by the committee members, Bernd is recommending that the committee focus on the following eight areas: Safety and discipline. Bernd said the issue is of tremendous concern to patrons and addition of police resource officers in the 13 secondary schools could be a new cost. Physical plant. The district is being asked to build new schools while older buildings need repairs and renovations. The committee should consider whether the district has too many schools that are under capacity or are too small to be operated efficiently. Staffing. Seventy-five percent of the operating budget is spent on personnel. The committee should examine areas for reductions and for reallocations of funds so that personnel can be added in high priority areas. Teaching and learning. Academic programs in the district should be studied to see whether the costs of the programs can be justified in terms of student learning. Nonacademic areas. Can any of the nonacademic functions be eliminated or made more cost-effective? Many of the functions are required by laws and regulations or are expected by the community. He told the committee Dec. 16 that the district will have to trim as much as 35.2 million in expenses to balance next years budget. The district has a SI 12 million budget this year. Transportation. The district is required to transport students because of geography, the districts desegregation plan or by law. The committee should study the efficiency of the system. Courts and desegregation. The district is committed to a quality desegregated education system for all children. However, the desegregation plan should be studied to identify requirements that are ineffective, outdated or inefficient. Revenues. The committee agreed earlier that sources of new revenues should be studied. Bernd said the districts financial future cannot be secured by budget cuts alone or by millage increases without making budget cuts. Other public or private sources of funds may exist. Committee members will select the topic in which they are interested. Groups for each subject area will meet at 6 p.m. Jan. 13. The overall committee is scheduled to complete its recommendations to Bernd in early March. Bernd is planning to submit a proposed budget to the school board in early April.1 > 6B SUNDAY, FEBRUARY 28, 1993 Lawyer wants Bernd contraet defined BY CYNTHIA HOWELL . Democrat-Gazette Education Writer Little Rock civil rights lawyer .John Walker filed three documents in federal court Friday pertaining to different aspects of the 10-year-old Pulaski County school desegregation lawsuit. The documents, sub- mitted to U,S. District Judge Su- san Webber Wright, included
A request that the Little Rock School District clearly define the terms of Superinten- dent -Mac Bernds employment , contract, including any funds * being paid to him by members , of the business community, A request that Wright an- \nounce the criteria she will use fin selecting a court appointee 'to develop a Little Rock district Xbudget that will enable her to jmonitor the districts compliance with its school desegrega- -tion plan. The motion further 'requested an additional time -for Walker and other parties in the school case to nominate people for the job. Objections to the Little Rock School Board election zone plan approved in January by the Pulaski County Board of Education. Walker, who represents the class of black residents who intervened in the Pulaski County desegregation case, said that although Bernds contract is a public matter, the public records are uncertain. He specifically asked that the district disclose whether it has made any arrangement with private citizens to supplement Bernds pay. Late last year it was disclosed that school board members had approached Fifty for the Future, a group of business people interested in economic development, about providing Bernd with $50,000 that he would be able to keep if he stays in the Little Rock position for five years. Where private money is paid to public officials without there being public accountability, the public officials may be subject to undue influence of their private benefactors, Walker said. He said the interests of a private group may be in opposition to the interests and needs of minority schoolchildren. He also contended that when the school board sought a new superintendent last summer, it did not disclose a $50,000 supplement to the pay. That could have been a ke5' factor in the decision of a black candidate. The black candidate, who was the first choice of the board, did not take the job. Walker said the different offers made to the candidates constitute an act of discrimination. In response to Wrights order Tuesday that she would appoint a person to develop a budget that links revenues to desegregation programs. Walker said he hoped the pool of job applicants would include black candidates. He said the district has shown no inclination to respect minority interests in the budget process. He also pointed out that a new Little Rock budget employee, who will essentially be working for the federal Office of Desegregation Monitoring, could affect the neutrality of the monitors office. Wright has said the new person will work in the Little Rock administration and be paid by Little Rock, but will answer to the desegregation monitor. Walker noted objections Lit- tie Rock School Board members had Thursday night to the judges plans. School board members objected to the cost of a new employee and suggested that the Office of Desegregation Moni- , toring do the job. One board 1 member said the district is | spending about $500,000 for the office, Ann Brown, the desegregation monitor, said Friday that the Little Rock district contributed $169,728 last year and she expected the amount to be the same this year. She said the office has been frugal in its expenditures and that the district may not have to increase its share of the office costs by much when the new budget employee is appointed. The Pulaski County Special and North Little Rock districts and the state of Arkansas also contribute to the cost of the monitors office. The total budget in 1991-92 was $591,557, On the issue of the election zones. Walker said the proposed zones do not comply with the provisions of the federal Voting Rights Act of 1965,- Arkansas Arkansas Democrat (gazette SATURDAY, JUNE 5, 1993 Copyright 1993. Utile Rock Newspapers. Inc. B Two districts out West lure Bernd to interviews BY DANNY SHAMEER Democrat-Gazette Education Writer Little Rock School District Superintendent Mac Bernd is a candidate for similar jobs in Newport Beach, Calif., and Glendale, Ariz. Bernd confirmed Friday night that he was recruited for those jobs and had interviewed in both cities. He has had a fbllow-up interview for the Newport Beach superintendent job, which indicates he is one of a relatively small number of remaining candidates. Richard Luehrs, co-chairman of a 50-member citizens committee, said Friday that Bernd was among 13 semifinalists interviewed for the position last month. Luehrs refused to say whether Bernd was a finalist but said: Mac Bernd is an outstanding candidate. I do remember his interview, and he is very quali- There has been wide speculation in Little Rock that Bernd went on recent job interviews. Bernd became Little Rock schools superintendent July 1, 1992. Reached before Luehrs comments, Bernd refused to speak about the matter. I couldnt comment on that, Bernd said when asked whether he had applied for any superintendent positions. Its the season for superintendent jobs to open. Were like baseball managers. Ive had contacts from headhunters. It happens every spring. I think if you look at the pressures on the Little Rock superintendent, when anyone hears if one gets anywhere near an airport, people wonder if they will come back, he joked. But after learning of Luehrs remarks, Bernd commented briefly, confirming that he had been interviewed for the jobs. I have not made any decisions about leaving, Bernd said Friday evening. Im just interested in finding out what the situation is like, and the fact that they expressed interest in me is flattering. He said he is not unhappy in Little Rock and that he finds many aspects of the job satisfying, including working with the people in the district, city and on the school board. He said what displeased him in his first year as superintendent in Little Rock was not having time to visit classrooms because he had to deal with other issues. John Moore, Little Rock School Board president, likened the news of Bernds job interSee BERND, Page 3BBernd Continued from Page 1B views to the story that broke last month about University of Arkansas basketball coach Nolan Richardsons speaking with officials who ran the Atlanta Hawks professional basketball team about coaching opportunities. Anybody in this day and time would be irresponsible to their family if they did not check about other opportunities, Moore said. Im personally glad that other school districts think enough of our superintendent. Little Rock is a hard district, principally because of the fact that we are in a desegregation lawsuit, and, essentially, the federal judge attempts to run the district. And its hard on a superintendent, hard on a school board. In the months leading toward Bernds hiring, board members said a long-term superintendent would contribute greatly to the stability of the district. The Little Rock district has had seven superintendents in the last 10 years, including Bemd. Bernd receives an annual, salary of $110,000 and is eligible for an annual annuity payment of $10,000. Board members included in his three-year contract a golden-cuff clause meant to entice Bemd to stay at least five years and to penalize him if he left before then. According to the terms, Bemd would have to return all payments the district made to his tax-sheltered annuity if he left before the end of three years. He would have to repay half the money if he left after three years and a quarter if he left after four years. If he stays five years, he will be free to keep the $50,000 paid into the annuity. School board members told Bernd privately when he was hired that they would seek community- financed supplemental pay, but that was not part of the contract. Bernds first year on the job I i Mac Bemd has been a baptism by fire. Within the first week, hed already been sued over cheerleader tryouts and called to testify in a school desegregation hearing in federal court. Several weeks afterward, Bernd led the district in teacher contract negotiations and cut about $8 million out of the $122 million budget. Last winter, Bernd became embroiled in a fight over his decision to suspend Central High School Principal John L. Hickman Jr., who is well-liked by some people in the city. Bernd suspended Hickman with pay Jan. 7 over allegations of sexual misconduct and mishandling school funds. Hickmans suspension hearing, which began March 4, has yet to be resolved. Bernd, meanwhile, investigated the allegations and on April 9 wrote Hickman a letter recommending that he be fired. But even while dealing with the Hickman matter, which has been time-consuming, Bemd led the district through an unprecedented one-day teachers contract { negotiation and balanced the
budget smoothly. Bernd came to Little Rock af- 1 ter having overseen the 10,000-
student San Marcos Unified : School District in San Diego County, Calif., since 1986. I 2B TUESDAY, JUNE 8,1993 Bernd still in running for one job Old Arizona district hires someone else BY DANNY SHAMEER Democrat-Gazette Education Writer Little Rocks school superintendent remains a finalist for a California job, but an Arizona school district that named him a superintendent finalist has hired someone else. Dr. Mac Bernd, superintendent of the Little Rock School District, remained in the running Monday to head the Newport Beach, Calif., public schools. The school district has about 17,500 students in 23 schools in Gosta Mesa and Newport Beach. The Little Rock district, which Bernd joined July 1, 1992, has about 26,000 students in 51 schools. Some Newport Beach board members said Monday they may make a decision as early as today, when a regular School Board meeting is scheduled. But other board members thought that it may take another week or two to reach a decision. The school district has about 17,500 students in 23 schools in Costa Mesa and Newport Beach, ' A spokesman for the 9,300- student Glendale Elementary School District in suburban Phoenix said Monday that the School Board had selected Dr. Richard Terbush from the Pendergast, Ariz., public school system, as its new superintendent. '. Bernd, who used to work in the district, and Dr. Dan Johnson, assistant superintendent of the Cherry Creek, Colo., public schools, were finalists. -
The Newport-Mesa Unified School Board, which is recovering from last falls discovery that its top financial officer embezzled $4 million in school money, met in closed session in Newport Beach, Calif., Monday night to discuss whom to hire. The discussion centered on Bernd and Dr. Jerry Gross, area superintendent for the Long Beach, Calif., school district. Some board members said they may pull in two other candidates if Bernd or Gross drops out of the running.Arkansas Democrat (^azeU^ WEDNESDAY, JUNE 9, 1993 Copyright C 1993. Little Rock Newspapers. Inc. Bernd still in running for California school post DANNY SHAMEER Democrat-Gazette EcJucaWon Writer A California school board remained undecided Tuesday over whether to offer Little Rock School District Superintendent Mac Bernd a job as its new chief. Newport-Mesa School Board President Rod MacMillian said . the board met twice Tuesday once in the afternoon and again in the evening to discuss op tions that included offering the job to one of two men, adding more candidates for ftnalist consideration or taking a site visit to Little Rock. If the board settles on one of , the two candidates, the winner will be contacted to see whether the job offer is accepted before the choice will be revealed publicly, MacMillian said. He said that Bernd and Jerry Gross, Long Beach, Calif., School District area superintendent, remain the top contenders to run the 17,500-student Newport-Mesa School District, which has 23 schools and includes the towns of Newport Beach and Costa Mesa. Board members had visited the San Marcos Unifed School District in suburban San Diego to review Bernds record as superintendent there and may visit Little Rock if interest remains with Bernd. Some Newport-Mesa board members have contacted some Little Rock School District board members and other community leaders by telephone to learn more about Bernds record here. Bernd ran the 10,000-student San Marcos district from 1986 until July 1,1992, when he came to Arkansas to run Little Rocks public schools. Little Rock is Arkansas largest district, with about 26,000 students in 51 schools. Richard Montgomery, executive assistant director of the California School Boards Association, the search firm that recruited Bernd as a finalist, said late Tuesday that he thinks the process has reached its day-to- day stage. Montgomery is advising the board in the selection process. The district, which is based in ritzy Newport Beach, Calif., is trying to rebound from a discovery last fall that the top financial ofTicer embezzled $4 million from the district. The board spent part of its time Tuesday in a budget session. . Sixty-three people applied for the Newport-Mesa position, which opened after John Nicoll retired in December 1992, after 21 years, because of illness. A citizens committee narrowed the list to 13 semifinalists Bernd and Gross emerged as the top contenders from the semifinalist list, and each has been interviewed by the board.Aikansas Democrat (gazette FRIDAY, JUNE 11, 1993 Copyright O 1993, Little Rock Newspapers, Inc. Bernd leads other finalist for California school post BY DANNY SHAMEER Democrat-Gazette Education Writer Little Rock School District Superintendent Mac Bernd appears to be a front-runner for a job with a California public school district. The Newport-Mesa School Board interviewed Bernd, 49, in closed session Thursday night. A source in California with direct knowledge of the search, but who declined to be identified, said Thursday that the school board is leaning toward offering Bernd a job. Bernds interview marked his third session with the board since he applied for the superintendents job this year. The other finalist. Dr. Jerry Gross, 53, area superintendent of the Long Beach, Calif., Unified School District, has had two interviews. The boards decision to interview Bernd a third time represents more interest in Bernd than Gross as of Thursday night, though Gross remained a finalist, the source said. Board members wanted to ask Bernd some additional questions before making a decision, which could come as early as today, the source said. Bernd missed a regularly scheduled Little Rock School Board agenda meeting Thursday night reportedly the first time he had been absent for such a session. A Little Rock School District official said Bernd had taken two personal days off, including today, but did not add where he was or what caused his absence. After the agenda meeting, the Little Rock board went into executive session for about 90 minutes over unspecified personnel matters without taking any action. John Moore, Little Rock board president, told reporters afterward that the board had discussed possible options to pursue if Bernd takes another job. Moore said the discussion included what steps the board might need to take to fill Bernds shoes, who may be available to fill in as a possible interim superintendent, and what plans may be needed to keep the district running administratively if Bernd quits. Bernd who joined the Little Rock district July 1,1992 acknowledged a week ago that he had been interviewed for superintendent positions in Arizona and California. The Glendale, Ariz., Elementary School Board named Bernd as one of three finalists for superintendent, but ultimately selected Dr. Richard Terbush from Pendergast, Ariz. Bernd has spent much of his first year on the job in Little Rock dealing with the federal See BERND, Page 7B Bernd Continued from Page IB court that oversees the Pulaski County school desegregation case and sitting through suspension hearings over a popular principal, John L. Hickman ' Jr. of Little Rock Central, on charges of breaking district policies. Bernd came to Little Rock after serving as superintendent of the 10,000-student San Marcos Unified School District in northern San Diego County, Calif. The Little Rock board, which oversees 26,000 students in 51 schools, signed him to a contract that pays him $110,000 in fiscal 1993. Before hiring Bernd last year, board members said a long-term superintendent would help provide stability for the district, the states largest. The Little Rock board gave Bernd a contract that offers financial incentives to stay at least five years, Bernd has said he applied for the California and Glendale jobs only after being recruited. He also has said he was flattered by the California and Arizona districts interest in him and simply wanted to learn about the situation in those places. The Newport-Mesa district, which includes ritzy Newport Beach and the town of Costa Mesa, has about 17,500 student in 23 schools. The search for a school chief in that oceanfront community brought attention on the West Coast because the California district is looking for its first superintendent in 21 years. John Nicoll, the California districts former superintendent, retired because of ill health in December 1992 after officials discovered that the school systems chief financial officer had embezzled $4 million in school funds.Arkansas Democrat W (gazette SATURDAY. JUNE 12.1993 Copyright 1993. Little Rock Newspapers. Inc. Bernd resigns to take California job Says court oversight of LRSD drained his enthusiasm ----- The board voted 4-3 to select BY DANNY SHAMEER Democrat-Gazette Education Writer Dr. Mac Bernd i.s leaving the Lillie Rock School District superintendents post after less than a year on the job. The Newport-Mesa School Board which oversees the towns of Newport Beach and Costa Mesa in Orange County. Calif. hired Bernd as superintendent at a special meeting Eriday morning. 1 like being in classrooms more than 1 like being in federal court, Bernd said by tele Departure of Bernd removes second of lop two officials responsible lor action against Hickman 13A phone from California. The last couple of days in court drove home the kind of activity the l.it-tle Rock superintendent gets involved in a lot of time in fed eral court and a lol of lime with litigation. Thal had a tremendous influence on my decision. Bernd becomes the seventh superintendent, including acting superintendents, to leave the Little Rock post since 1982. He will gel a three-year contract with a starling salary of $104,000, beginning .July 15, to run the 17,500-student district in California. The Little Rock board hired Bernd last year at $110,000 a year, plus financial incentives to stay longer. His contract also called for raises geared to teacher pay increases. The California board interviewed Bernd Thursday night and took two votes Friday morning. Bernd, 49, over Dr. Jerry C. Gross, 53, area superintendent of the Long Beach, Calif., Unified School District and the only other finalist for the position. Edward Decker, one of the three board members who voted against selecting Bernd, then proposed that the board take a unanimous vote in support of and to hire Bernd. "My no vote on Dr. Bernd simply meant that I believed that another candidate would See BERND, Page 13A Dr. Mac Bernd Bernd Continued from Page 1A have been a better match for the needs of the district at this time, Decker said by telephone. ? But my no vote does not indicate that I think Dr. Bernd wont be a good superintendent. I believe he will be a good superintendent. Rod MacMillian, board president and one of the four members who voted for selecting Bernd, said he thought Bernd Would grasp educational issues and come to firm decisions better than the other candidate. I think that Mac has a more direct approach than the other candidate, MacMillian said. The second vote was 7-0. Bernd will replace John Nicoll, who headed the Newport- Mesa Unified School District for 21 years. Nicoll retired because of ill health in December 1992. Shortly before that, officials accused the school districts chief financial officer of embezzling about $4 million in school funds. - Bernd acknowledged on June 4 that he had interviewed for superintendent positions in Glendale, Ariz., and Newport Beach, calif. In both places, the boards selected him as a finalist. 'J John Moore, Little Rock . Sthool Board president, said he was disappointed to see Bernd leave but that it is understandable. 7 1 The leader of a school dis- .trict in most cities is an educational leader, Moore said. But in the last year the superinten- 'dent of Little Rock schools has juot had the chance to work in LRSD superintendents Uttle flock School District su^^ntendents for the last IS ye^ 'Aug. 1978 - May 1982 May 1982-June 1982 JsA, -kJ ' June 1982 - June 1987 ! Dr. Paul Maseru, Supt. i Dr. Ruth Steele (Acting) "tiW Dr. Ed Kelly, Supt. I Mr. Vance Jones (Acting) Dr. George Cannon (Acting) Dr. George Cannon, Supt, Dr. Ruth Steele, Supt, Dr. Mac Bernd, Supt. STEVE SCALLION /Ark. Dmocrat-Gaxtt9 education, but instead spends time in court and dealing with July 1989-June 1992 July 1992-July 1993 - July 1987-Oct. 1987 Oct. 1987- Dec. 1987 Dec. 1987-Aug. 1989 must have a masters degree that includes at least 60 hours ' of graduate study in educational administration or its equivalent. Moore said that, when Bernd returns to Little Rock next week, they will go over a list of pressing issues the district must handle as it prepares to enter a new fiscal year July 1 and another round of federal court hearings in the summer. Desegregation issues include gaining court permission for a site for Stephens Elementary School and addressing U.S. District Judge Susan Webber Wrights concerns and questions regarding the districts budget and how that money is spent to comply with the plan. Wright oversees the Pulaski County school desegregation case. Bernd leaves a contract that offered incentives to stay. That contract, which took effect July 1, 1992, states that Bernd would get $10,000 annually in a tax-sheltered annuity. But the contract called for repayment if he left before serv-financial matters. He said that some people on the Little Rock board are considering whether the next superintendent ought to deal exclusively with the districts desegregation case and long-term financial condition, while a deputy or assistant superintendent oversees educational matters. As a result, Moore said, the board may consider the suggestion of one board member who thinks it is time for the district to examine whether it can get a waiver from the state Department of Education on the minimum requirements of a superintendent. If the board follows this path, it may leave room for the board to consider someone from the corporate world to become the next Little Rock superintendent. Ken Vaughn, who runs the certification office in the state Department of Education, said the basic requirement of a superintendent of an Arkansas public school district is certification as a teacher and four years of public school teaching experience, including three as a classroom teacher. The superintendent also Bernd did a lot of homework to learn about the job when he applied for it in 1992 and appeared to know what kind of situation he was entering. But Bernd said that kind of preparation cannot get anyone ready to deal with operating a district that is involved with oversight from a federal court. The legal system is designed to catch and punish people who do things wrong, Bernd said. To really improve education, you need to catch people who do things right. Bernd came to the 26,(X)0-stu-dent Little Rock district after serving as superintendent of the 10,000-student San Marcos Unified School District in northern San Diego, Calif., where he worked from 1986-92. He has spent much of his first year on the job dealing with the federal court that oversees the school desegregation case and sitting through suspension hearings over a popular principal, John L. Hickman Jr. of Little Rock Central High., for allegedly breaking school district policies. Ann Brown, who heads the Office of Desegregation Monitoring, an arm of the federal court, said that although the district will once again have to find a new leader, she is optimistic that the states largest school system can overcome the latest chapter of revolving-door superintendents. The Little Rock district is a survivor, and it will carry on, said Brown, who is also a parent of a child in the district. It will be difficult right now, but there is a lot of talent in that dis-ing three contract years. He also got a mid-sized domestic car equipped with a cellular telephone for personal trict and I think if everyone and professional use and a note- - - book computer for his home. pulls together, the district will make it, JUN-21-93 HON 11:36 FAX NO. 5013710100 P. 03 ^Newport-Mesa mines New - a Superintendent By BOB ELSTON .SrSCIAl to THE TIMES c ^ NEWPORT BEACH-After a four-monUi nationwide search, the j iiALiuiiwiu^ acGuk.li, viic ^ttoubled Newport-Mesa Unified j hool District on Friday hired the
/school superintendent from Little SCBOO ? Rock, r|.kG.iC, Ark., but trustees were fj sharply divided in choosing the district's first new top administra- S tor in 22 years. After Cloyde McKinley (Mac) Bernd was hired in a 4-3 vole J
1^. during a brief meeting Friday
t. morning, he told the assembled ^ teachers, principals and adminis- . iraiors that he "will give nothing , but my 100% effort to make this _distrlci the best in the nation." it- Bernd, who was superintendent in the San Marcos School District in northern San Diego county for 'six years and then held the same 'post in Little Rock this past school ..year, was chosen over another .'finalist, Jerry C. Gross, an area superintendent in the Long Beach Unified School District. However, some trustees thought ! the district was hiring the wrong 1 man to the S104.000-a-year post. It'was an agonizing decision. V said trustee Martha Fluor, who. along with Judy Franco and Ed- ^.ward Decker, voted against Bernd. . We got a starkly contrasting picture of him" from former col-' . leagues in San Marcos. I "I dont think he is the right man j for the district at this lime," Fluor ' said, declining to elaborate.-
Although the three dissenting trustees shied away from discussing specific reasons for opposing Bernd, they indicated that concerns about his reportedly tough management style were raised by officials in Ban Marcos. Trustees Please see BERND, A14JUN-21-93 HON 11:36 FAX NO. 5013710100 P. 04 }* A14 SATURDAY, JUNE 12.1993/R i J BERND: 3 I - 14* Dissenting ^L Trustees ..CoBtiausd from Al .also spoke with school offlcjals in . - 14ttle Rock during the screening . Xi P>as. X- ""TI felt some of hie qualities were $^Jnot as desirable as other candi- > 'dates',*' Decker said. I . Bui some of Decker's concerns .'about Bernd served as selling points to other trustees, lit' '"IT t hink hek hna..s the spark to bring S' this community together," said ^.trustee Sherry Loofbourrow. "He pT can really connect with people, ft" publicly and personally. |r..., Trustee Forrest Werner said: "'Ke seta high goals and demands excellence from the people around .? him. . . . DAVID MUBONaKA / Lot Anfeks Timet Cloyde McKinley Bemd vows to work hard for Newport-Mesa schools. . The district, which includes 23 schools and 17,500 students .'!< throughout Newport Beach and - Cosu Mesa, began its search In i January, a month after longtime superintendent John W. NicoU announced his retirement, citing ill health. N icoU stepped down as the district was under heavy crit- ' iciam from parents and teachers outraged by the $4-million embez- ! zlement of the' district by its then-
budget chief, Stephen A. Wagner. , Wagner has since pleaded guilty to I. the embezzlement charges and is j awaiting sentencing. { Since then, the district has tried 1 io recover its credibility with the community by Involving parents, . teachers, administrators and resi-dents in aelecling a new superin-tcndenU Sixty-three applicants from 20 sutes appUed for the Newpon- ! Mesa job, and after the resume- Profile: Cloyde McKinley (Mac) Bemd Bom
October, 1943_____________ Marital status
Married with one child MUttary aafviee! Sergeant. Army Cdueatlon: Doctorate in education. 1975, University oT Colorado
master's degras, political scierrce/sociology. 1970, University of Colorado
bachelor's, degree, social science/psychology, 1967. University of Northern Colorado Most recent Jobs: Superintendent of schools. Little Rock School District, Little Rock, Ark.. 1992 to present
superintendent of schools for San Marcos Unified School District, San Diego County, 1986-92_________________________ Hobbles: Marathon runner and avid reader flenul hygienist in Denver. The 49-year-old educator said in > an interview that he has make i decisions that created enemies. . "In my experience as a superiO' tendent, I have had to make ded I I sioM that were not popular, he said. F ! or example. Bernd was forced to lay off bilingual aides and i , screening committee and a M-member interview committee narrowed the field to eight, trustees . talked with colleagues in the home . districts o{ the final two candidates I before making a selection. The district hired Bernd for
IKMXX. which is *6,000 less than he made in Little Roick, where he
was responsible for overseeing 63 I schools and 26,000 studenU. Al-
. though the new superintendent , doesn't begin his new job until I July, Bernd spent most of the day Friday visiting district schools. A motorcycle lover who rides a Harley-Davidson, Bernd grew up in Colorado and has degrees from the University of Colorado and the University of Northern Colorado. He began his career as a social studies teacher and a coach of football, wrestling and track at a Colorado high school. He took the San Marcos job in 1986. Bernd is married and has a 26-year-old daughter, who is a "cut into the flesh of the system to : balance the San Marcos School District budget in his final years : there. Some Ncwporl-Mesa trust-
ees suggested they were concerned
by reports from some former col- leagues in San Marcos that Bernd , pushed two prindpals into retire- ment and shifted a third into another job. But despite budget constraints, student CAP scores in San Marcos under his tenure improved faster than In any other district in Cali- ' fornia. While In Little Rock for less than a year. Bernd logged a lot of ! time in Arkansas courtrooms as the
courts sought to uke control In desegregating schools there. , "1 spent more time in the court- , room than I did in the clasaroom," Bernd said Friday. Even after taking over In Newport-Mesa, he may be forced to fly ^ck to Little Rock ! to testify in the legal battle. ! "That is very frustrating for an educator," said Bernd, "and is ex- acily why I came here. T % Judge tells board 4 departures wont cut any slack for LRSD LO O cu BV DANNY SHAMEER "oenMUMtt* educaltan WMw U.S, District Judge Susan Webber Wright said Thursday she is concerned about whos minding the store in the Little Rock Schiwl District because four top administrators are leaving But Wright told Little Rock School Board members during _ hearing that she doesnt plan " lo let the district back off its de- ~ xgregatioH commitments while it goes through administrative rr transition for the second con- o o o Lo secutive year. "1 am sympathetic to the dis- o hict." Wright said during a hear- iag mainly about a proposed site for a new elementary school building. I thought I was patient with the new administration in getting FRIDAY. JUNE 25.1993 Related articles ISA, 28 its house in order last year, and I'm not about to go through the same thing again this year. The board faces a number of problems
Dr. Mac Bernd, the superintendent. is leaving alter a year in office to accept a job in Newport Beach, Calif. Gary Jones, the district's chief financial affairs official, is leaving to work for Memphis public schools. Associate Superintendent Janet L, Bernard is leaving for a job in Poway, Calif. Acting Assistant Superintendent Sam Stueart is returning to a teaching job. Wright has scheduled hearings on the school districts budget for July 7-8. District officials are trying to finish the new Dr, Martin Luther King Jr. Elementary School and recruit a racially balanced student body for it District officials are trying to prepare for the opening c? classes in August while seeking a replacement for Bernd. So far, no acting superintendent has been designated. Wright ignored a suggestion to postpone next month's scheduled hearing on the school district's budget. She urged board members to make sure the district is prepared for the hearing and suggested they turn to the Office of Desegregation Monitoring which aids the federal court in Soo WRIGHT, Page tSA SVright Conlinued Irom Pago IA i^ersceing the desegregation plans and tl29.7S million fi- rtanciai settlement if they need any help.
Wright, the federal judge who oversees the Pulaski Coun- ly school desegregation case, touched on the district's administrative turnover twice during the hearing. She used some of the hearing's opening minutes to allow tile court record to reflect the latest loss of top-level admin- Islrators." a loss, joked John f-it. mmnk wllh the olan Walker, a lawyer who represents the Joshua intervenors, the black children and parents in the desegregation case. Walkers otT-lhe-cufTremark (irompted some laughter. Wriglitthen asked tlie school districts atlorney to reel off the itames and titles of the latest Repartees. - 'If0ie county board I Cannot meet its 1 qbligations under the plan, the county district I the a separate Entity, and / want to iftake sure board ^embers understand ihat*Judge Susan Webber Wright I I Wright told school board them her 8 attending a hearing Thursday that their oversight is increasingly importanL ' Wright mentioned once again that receivership is alfails to comply with the plan and the court's instructions. Jerry Malone, the atlorney Who represented the district in court 'Thursday, said in an interview after the hearing the judge was sounding a concern, riot an alarm over the empty administrators' offices. ' "I think slie just wanted to express an concern, which the board shares. The board has met several times to discuss alternatives and continues to meet to find solutions. The I f board is aware of its desegre- I gation obligations and I think co 03 I LO CM I zter able in recruiting, inter- CO CD CD CD co CD LO oz X <x lx. <X) CD Q et
lx. co CD I LO CdzI viewing and selecting a new team that can demonstrate a track record and an ability to become familiar with the issues we face here In a rapid and quick manner. Malone said the judge hasn't made clear what placing the district in receivership would entail, but that it implies that someone other than the school board would be given decisionmaking power. The Little Rock district wasnt the only one to feel Wrights touch Thursday. While instructing attorneys about next months budget hearings, Wright said she "strongly suggests the Pulaski County Special School Board attend. If the county board cannot meet its obligations under the plan, the county district wont be a separate entity, and I want to make sure board members understand that, she said. The Little Rock School District sued the state and two neighboring school districts in 1982, seeking consolidation, setting off what is known as the Pulaski County school desegregation case. The 8th U.S. Circuit Court of Appeals at St Louis overturned a consolidation order but changed some of the Little Rock district boundaries to bring in more white students to the city school system. Wright is monitoring the parties' compliance with a subsequent settlement The Little Rock board was required to attend Thursdays hearing. During the hearing
Dorsey Jackson, the boards vice presgation plan to make sure correct language in the case was being put into the record. The board members spent about 30 minutes after the hearing with administrators from the North Little Rock and Pulaski County Special school districts to discuss how to handle the delayed opening of the [ I I I King Jr. Elementary School. "I think the board will have to take a more active role until we get someone in there and until the transition process has been completed, Jackson said during a break in the hearing. The Little Rock district, the states largest with 26,000 students, is facing its second con-secutive year of administrative turnover. Last year several top administrators left, but the board had already hired Bernd and started the process to hire the others. Bernd said he thinks the district will be able.to ride out the next couple ofWeeka without a problem. ......... . tble.toride if^eeka wi He said the administrators who are staying are handling various duties that they would normally do now. Mark Milfaollen, the districts controller, is preparing matef-lai for the districts budget i hearing before the court : Bernd said that other administrators are holding routine biweekly meetings to plart the opening of school next fall, which Involve Associate Superintendent Estelle Mattbis and others. "The conditions are such that this is a good time for a transition, Bernd said, refer'- ring to a prepared 1993-04 budget and a new teachers contract, "What would really be tough is if there was no budget and if a contract still bad to be negotiated. The board has some breathing room." Ann Brown, the desegregation monitor, said she does not anticipate any problems working with the district during the trari-sition period and afterward. "We will be as supportive as we can be, Brown said. ' Aikansas Democrat ^(gazette THURSDAY, JULY 1, 1993 Copynght o 1993. Unia Rock Nawapwan, Ire. LRSD board tackles filling Bernds shoes i Picking interim chief tops meeting agenda BY DANNY SHAMEER Democrat-Gazette Education Writer The Little Rock School Board has tentatively scheduled a special meeting for 5 p.m. today and hopes to name an interim superintendent. The board has a self-imposed deadline to name or hire by today an interim superintendent for the states largest school district. John Moore, board president, said Wednesday. Moore said the board hopes to be ready with someone to fill in for Dr. Mac Bernd, the districts superintendent, who resigned to take a similar position in Newport Beach, Calif. Bernd vacated his office and left for California on Wednesday, which marked the end of the 1993 fiscal year. Three other top administrators also have left. Two resigned to take similar jobs in other states, and one interim administrator returned to a teaching position because he did not j know who his immediate super- i visor would be. i Meanwhile, remaining ad- ministrators continue to handle the routine duties of the district and cooperate to perform the duties of the vacant positions. The district headquarters is
at 810 W. Markham St.r I LOCAL NEWS/WEATHER/EDITORIAL PAGES S ACTION B SUNDAY JULY 11, 1993 ORANGE COUNTY cct I t HIGHLIGHTS I CANCER THERAPY EFFECTS: Young cancer survivors may find themselves suffering the side effects of radiation and chemotherar py
learning disabilities, stymied growth, weakened hearts and lungs, and loss of fertility. Bl NEW SCHOOLS CHIEF: Cloyde McKinley (Mac) Bemd, who will become superintendent in the Newport-Mesa Unified School District on Monday, talks about his plans to be accessible to students and teachers, and other issues. Bl A DUCKS CROWD: People lined up early at the Anaheim Arena for a chance to appear as non-paid extras in "Mighty Ducks 2, lured by the chance to be in a movie, check out the new arena or see the films star, Emilio Estevez, Bl ! i
! ' ( New Schools Chief to Work to Restore Faith Q&A: aoyde McKinley (Mac) Bemd, who will become superintendent of the troubled Newport-Mesa district, wants to be accessible to the community. For the first time in 21 years, a new person will sit in the office of the superintendent in the Newport-Mesa Unified School District on Monday. Cloyde McKinley Bemd, 49, who loves to ride Harley-Davidson motorcycles and goes by the nickname Mac, was hired last month from Little Rock, Ark., to lead the embattled district through some tough educational and budgetary issues. The Newport-Mesa school district is stiLL stinging from the largest embezzlement in the history of California schools. And when the school year resumes this fall, most teachers will handle classes that will have about 30 students from many cultures and races. All the while, school districts try to do more educating with less money. Bemd talks with Times correspondent Bob Elston about what it will be like to be superintendent of schools in Neuyport Beach and Costa Mesa and what QA changes can be expected during his tenure. #4 Q uestion: This is the beginning of a new era for the Newport-Mesa school dis-s A' & trict. You are the first superintendent to be hired in more than 20 years. Where do you plan to take this district, its faculty, administration and students? Answer: This school district has a long record of accomplishments. That is not to say that we have not had some recent problems. . . . What I will spend a lot of time on initially is determining what is really good about this school district and what needs to be improved. You have to keep both those things in mind at once, almost QWhat were your initial impressions of this district when you visited schools for the first time a couple of weeks ago? One of the things 1 asked teachers to do when I visited classrooms was to introduce me. And after they introduced me, the kids knew what a superintendent was and knew I was new. The [students] were responsive and helpful. They don't act like young people that have been Oppressed. Initially, I saw a good climate in the schools, responsive kids and people, who are proud to work for the district. Q Do you have an idea of what you can do to make yourself accessible to every-body, the students, the teachers, the par- ents and the administrators? I am going to be in every school twice before winter breakthat is 26 schools. That will keep me busy. We are-going to have some community forums set up where people have a chance to come in and talk about the schools. . . . We are going to set up the same kind of occasion for all employees. We see this being culminated with a sort of an education summit. We want to lay out our own map and move forward. QYou spent six years as superintendent in the northern San Diego County school district of San Marcos and then last year in the same position in Little Rock, Ark. Can you relate how those experienceswill influence what you do here? ASan Marcos had about 10,000 students Please see BERND, B5 LOS ANGELES TIMES BERND Continued from Bl when I left The district was a revenue-limit district, so finances were tough there. You would have to characterize it as a suburban district that is about 40% Hispanic. Over my six years there, various socioeconomic measures actually went down while [student] test scores went up. From there, I went to Little Rock, which was a typical urban school district It is a city that is 70% white and 65% of the school district was African-Ameri-can. . . . White flight was epidemic. There also was a heavy court-ordered desegregation order and, quite frankly, it was like nothing I have ever experienced in my life. I spent the majority of my time there, thinking about, preparing for or attending [court] hearings on implementing that desegregation plan. I could only spend very little time teaching and learning. QTell me a bit about yourself. It is hard to talk about Mac Bernd without talking about the Harley- Davidson and the nickname. I am a man of many interests and contrasts. I am in a line of work that requires me to be extremely straight-laced. People have made light of the Harley-Davidson, but that is a real enjoyment to me. I enjoy getting my hands dirty and getting out on the weekends riding. It kind of cleans out my head. I spend a lot of my time working with humans and human problems, and they are not like machines. The results are not predictable. ORANGE COUNTY being responsive to the community. When a cataclysmic thing happens. it really clears peoples head and gets them focused again. QWhat will restore the districts credibiiity with the community in the wake of the Wagner embezzlement? A In San Marcos, we had the same auditing firm that the district hired here to tighten things up. We (in San Marcos] had gotten things to the point where we had a tight operation. . . . You really got to get the community involved in the financial processes of the district. If people knew what was going on, then you are not going to have the opportunity that Mr. Wagner was able to avail himself. Q Moving on to other issues: The nature of a sex education curriculum has been an issue in this district Recently at Costa Mesa High School, parents had raised concerns about a presentation which used a banana to show how to use a condom. What is a good sex education curriculum and how much is too much? A State law says we have to forthrightly address some issues that students are exposed to in this society, and I think we have to do that within the bounds of good taste and what is acceptable to the community. 1 am not for spontaneous assemblies or other types of activities not within the curriculum. 'These are sensitive matters. QIs there a right way and a wrong way to present a bilin-gual education curriculum? Alt depends on who you talk to. You have got English-only oroDonents who sav that you have fully functional is this society. Even in multicultural Southern California, in order for them to do that, they will have to speak English well. QDo you speak another language? AYeah, I stumbled around in Spanish. I can probably at least get up and get through a speech if I am prepared well and get a lot of help. QWhat are your thoughts on campus security? There is a zero-tolerance policy for weapons In this district and on two occasions during the past school year kids as young as second or third grade were suspended for bringing a kitchen knife to school. The kids were suspended and then sent to other schools. AI absolutely agree with zero tolerance. You have to look at conditions in the community to decide how to enforce it In [San Marcos] we really didnt need a strong policy and in [Little RockJ we had metal detection in all the secondary schools. . . . When you get into young children who dont understand what they are doing, you have to be compassionate in how you handle it Transferring students or taking other measures which do not result in disruption of their education and do make a strong statement for the institution, it is a good way to handle it Q 'The district is preparing to launch its first fund-raising drive in the community to raise millions of dollars for school instruction, equipment and maintenance. Are you any good at asking A My focus is to be well-known enough in the community that at least I wont be a stranger to the people I approach. There are an awful lot of things to know and people to know, but I am going to be sure they get to know me. They -will know who Mac Bernd is and what he is about. The community has to feel they are a part of what you are doing. GO FOR THE MARBLE! Why settle for ceramic tile when you con get the look and quality of marble,^granite or limestone, at savings up to *40% below retail? 1 Marmol Export is a group of iT^e firms specializing in Crema Marfil, Crema Europa Limestone and Granites. UPTO 40% It has more than 20 years of experience in this business and brought a new conception of quality and service to the U.S.A. Get an additional 5% off your purchase when you bring in this ad. 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t LITTLE ROCK SCHOOL Superintendent Mac Bernd appears to be the front-runner for a job with a California public school district. He was interviewed by the Newport-Mesa School board Thursday night in closed session. I I MONDAY, NOVEMBER 1, 1993 Golden parachutes let superintendents bail out in style BY DANNY SHAMEER Democral-Gazene Education Writer pocketed an extra $9,166.60 of taxpayers Rock School District payroll one day past the end of the fiscal spent in Cali- Thats one of the perks school superintendents and city man' agers get under contracts that state law would forbid for others, such as the governors Cabinet appointees. Its a reflection of the mar- pff Karl Plath Of Plath, Nielsen, Rodgers Associates, an executive search firm based in Northbrook Ill its of salaries and benefits. The challenge of fl nncifirvM o-.z4 *L. __ ..T* the quality of life will entice someone to from one end of the country to and ben- move efits have to be there.' Of school districts and managers of municipal governments can reach pockets through special clauses in contracts. t fdttle Rocks new superin- Honry P. Williams, claimed $77,734 from the Syracuse, N Y school district, where he worked until Sept. 30. Williams claim is for 212 used sick days and vacation days he accrued during the 4/i years he worked there. Williams terms of his contract Syracuses school board, stunned by that bill, is considering whether to stop its long- Standing practice of allo wine administrators to save unused time off that can be cashed in later. In Arkansas, the state Legis- iature has put controls on that sort of thing for agency depart- nient employees. Those controls attect even the governors Cabinet-level appointees. But school districts or city governments have no such across-the-board controls in ^Kansas. Its a community de- Thats the same situation in states surrounding Arkansas Whether the situation in Syracuse can happen in Arkansas will depend on how long a superintendent or city manager stays on the job at a particular city. School board members and city boards of directors say the types of contracts they give their superintendents and city managers are market-sensitive. Superintendents and city managers are roving professional administrators who apply for positions across the country, and the boards have to use extra incentives to attract them. n un- np 'dee president rLittle Rock s school board, said he thinks a school superintendent or city manager has a tougher job than, say, a Cabinetlevel officer under the governor. School superintendents and city managers must deal with specific problems than IndT Higgs said, h Higgs said local boards nave to be more accountable to the public. i aPerks Continued from Page 1A There is a lot more pressure on the local level to hire the very best, Riggs said. Scott Trotter executive director of Common Cause of Arkansas, a citizens lobby group that promotes governmental reform said there is no perfect solution for communities. He suggested that local boards spell out contract terms before anyone is hired so the public will not be surprised. I can see that cities have some market pressures, but it seems like contracts need to be scrutinized publicly because they may have a time-bomb factor in the end, Trotter said. When a person leaves, there could be the potential for an incredible amount of money involved. In state government, there is a running debate about whether governors can affor.d to hire high-quality people, he said. Trotter said the Legislature has opted for some system of control by setting certain guidelines in Arkansas, such as: Deciding on the highest salaries that can be offered. Not allowing Cabinet-level officials to be paid for unused sick time. Capping the amount of vacation time Cabinet-level officials can be paid for upon retirement or resignation. Grainger Ledbetter, president of the Arkansas Education Association, said the situation presents a double standard. School boards will hold down salaries and benefits for teachers but not make a comparable effort on salaries and benefits for administrators. I think any initiative to cut administrative costs would benefit teachers and kids, who are the folks in the classroom, Ledbetter said. The situation in Arkansas can best be illustrated by the almost simultaneous departures of two high-profile Little Rock education officials. Burton Elliott stepped down as the states education chief last summer about the same time as Bernd left. Elliott, whose perks are governed by state law, lost eight vacation days as director of the state Department of Education, general education division. He started in 1989. When he left, he was earning $83,578 for the 1992-93 school year. He resigned effective June 30. In his four years on the job, Elliott had built up 38 vacation days. But state law treats Cabinet-level officials such as Elliott the same way as lower-paid, state agency employees: They can accrue and get paid for no more than 30 days of vacation. As a result, when Elliott resigned, he got a check for $9,643.61 30 days worth of vacation time. He lost out on eight other days. Bernd negotiated an employee contract with the Little Rock School Board. ... It seems like contracts need to be scrutinized publicly because they may have a time-bomb factor in the end. Scott Trotter The Little Rock School District followed the terms of Bernds contract by paying him for 20 instantly accrued days of vacation time at the start of the new fiscal year, plus nine carried over from the 1992-93 academic year. When he left Little Rock, he was paid $13,291.57 for unused vacation $9,166.60 for the 20 days, and $4,124.97 for nine unused days he earned during the last year he actually worked as the districts superintendent. Bernd, who served as Little Rock superintendent for the 1992-93 academic year, earned a base salary of $110,000. His contract called for him to be awarded 20 vacation days on July 1. District officials have said Bernd vacated his office June 30. But he remained on the payroll for two more days through the end of the work week. Dorsey Jackson, Little Rock School Board president, said that clause should not have been part of the contract and that vacation time should have been awarded on a prorated basis. Unfortunately, I think we made a mistake to allow a whole year of vacation time to be awarded July 1, he said. Jackson added that the board understood that by keeping School District, gets 15 days of Bernd on the payroll through July 2, which fell on a Friday, he would get extra money. But he said the board had to let Bernd leave when he wanted. Otherwise, the board would have had to set a date for Bernds departure, which would have been like termination a more costly scenario for the district under the contracts terms. Also, Jackson said, the district had several unresolved matters that needed attention, and the board decided in June that it would rely on Bernd if it could not find an interim superintendent by July 1. By then, the board had named Estelle Matthis as interim superintendent. But the departure date for Bernd had already been set. Williams, the new superintendent, has a contract that allows him 20 days per year of vacation, which he can accrue. Un- Bernds agreement, like Williams contract does not specifically state that he gets all 20 days awarded on July 1. There is no cap on the number of accrued vacation days Williams can build up and get compensated for, as there is for other administrators in the district. Williams contract does not state whether he can get compensated for unused sick time, as he was able to do in Syracuse, but some board members said they interpret the contract as not allowing compensation for unused sick time. Other contracts show: Tom Dalton, director of the Department of Human Services, now has the potential to build up to 30 days of vacation as a state agency employee. But as a former city manager of Little Rock he had the potential to accrue an unlimited number of unused vacation days, and get paid for them upon leaving. Charles Nickerson, city manager for Little Rock and Daltons successor, may accrue up to six months of vacation hours. On the end of his tenure, he can get paid for any accrued and unpaid vacation leave. Bobby Lester, superintendent of the Pulaski County Special School District, is treated like other long-time district employees when it comes to vacation: He can accrue and get compensated for up to 30 days. James Smith, superintendent of the North Little Rock vacation a year, and they are not cumulative.I J. ORANGE COUNTY LOS ANGELES TIMES | | j. CHRrSTINE COTTER / Loe Angeles Times Supt. Mac Bernd "Is pretty intense when it comes to work, says one Newport-Mesa school trustee. Turnaround Maestro Superintendent Breatlies New Life Into Newport District B3 By ROB ELSTON SPECIAL TO THE TIMES NEWPORT BEACHWhen Mac Bernd moved his belongings into the superln- I tendents office last summer, the Newport-Mesa Unified School District was a house divided. A chorus of parents and teachers were unrelentingly criticizing school officials, who had failed to prevent the district's budget chief, Stephen A. Wagner, from stealing $4 million from various district accounts. In the fallout of that 1992 scandal, the largest embezzlement In California school history, Siipt. John W. Nicoll had resigned, citing poor health. Bernd was hired six months later to begin repairing the damage. The embezzlement "was really a calamitous event. I think there was a lot of sadness in the district, Bernd said. By the time the new superintendent moved in, "there was an intense desire to move forward, to start having fun again. Bernd, 50, who was brought In last summer from Arkansas, has given the 17,0(X)-studenl district a lift this year with a series of swift, high-profile moves not seen in Newport Beach and Costa Mesa educational circles in a long time. In that past 12 months, he has presided over an administrative shake-up, hired new principals at all four district high schools, helped repair the district's finances, which were depleted by the embezzlement, and orchestrated a series of successful community meetings that have brought an alienated community back Into the fold. 'T think we have accomplished all those things In one year," said Forrest K. Werner, school board member. "It has been an outstanding turnaround, and Mac was not bashful about taking the ball and running with It. Board President Edward 11. Decker said: "People here have Profile: Mac Bernd Born
Lincoln, Neb. Lives: Costa Mesa Age: 50 Occupation: Superintendent, Newport-Mesa Unified School District Family
Wife, Shelley, and 27-year-old daughter by another marriage Education
Doctorale in education, 1975, University of Colorado
masters degree, political science/sociology, 1970, University of Colorado
bachelor's degree social science/psychology, 1967, University of Northern Colorado______ Profasalonal: 1992-93. superintendent of schools. Little Rock School District, Lillie Rock, Ark.: 1986-92, superintendent of schools, San Marcos Unified School District, San Marcos, Calif.__________________ Hobby
Riding hi.s Harley-Davidson motorcycle____________________ How he'll fix things: "We want to clear the way for teachers to do their jobs. I think there is always going to be conflict and problems, but it must not disrupt our focus on teaching and learning. Source: Newport Wesa UnMed School Ohirtet memories of a time when people In Ihe district were not returning their phone calls. . . . Our previous superintendent was somewhat invisible. But Mac's accessibility has overwhelmed people, after more than 20 years of not having that." Bernd immediately established a reputation for openness. He asked people to call him "Mac. Before the start of the school year, 2,000 district employees, teachers and intendent is. . . . You don't (ordi-administrators assembled in the Edwards theater at Fashion Island Newport Beach for a one-hour pep rally. Bernd considers that his best performance of the year. eah, we filled the whole room. Obviously, people didn't know me at all, he said. "We all got together and talked about leaching and learning. Il was importantI think there was a degree of acceptance there. The first day of school, the superintendent rode the bus with a groggy kindergartner. Later in the year, to the amazement of students allending a pep rally at Corona del Mar High School, Bernd drove his beloved Harley-Davidson motorcycle onto the floor of the gymnasium. He stole the show at a Costa Mesa High Schoo! student rally as well. "He walked right out there and screamed Into the microphone, 'Are you ready to rock, Costa Mesa High School? said Clay Stockton, a graduating senior. "Students now cilltles will Include at least 11 con* actually know who the new super-narllyl see kids get excited about seeing an administrator. To get parents Involved, Bernd held a series of community meetings known as "An Evening With Mac, which culminated in a much-hyped Education Summ
This project was supported in part by a Digitizing Hidden Special Collections and Archives project grant from The Andrew W. Mellon Foundation and Council on Library and Information Resoources.

<dcterms_creator>Office of Desegregation Monitoring (Little Rock, Ark.)</dcterms_creator>