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Board declines to move final decision on liquidated-damages waivers from cabinet to full board
Summary
The Liberty Elementary School District governing board voted 3-2 against a motion that would have required the governing board to make final waiver decisions for liquidated damages; members debated delegating waiver authority to cabinet, HR confidentiality and the board's role in contract decisions.
The Liberty Elementary School District Governing Board on April 21 considered a request to reconsider who should decide requests to waive liquidated damages that can apply when employees depart before completing contracts.
Board Member Sorrentino (who requested the reconsideration) said he wanted the board to retain the final decision rather than leave it to cabinet, citing concerns about unclear delegation and potential perceived bias if cabinet members who work closely with affected employees decide waivers. Sorrentino argued that, while he disliked voting on individual waivers, the board should have the final authority to modify contract terms that it had approved.
Board Member Zimmerman opposed moving the decision to the full board on procedural grounds, noting policy BEDBA and asserting that the item had not been requested properly as an agenda item per existing rules; Zimmerman also raised concerns about the correct process for reconsideration under Robert’s Rules. Other members disagreed about whether the reconsideration was procedurally appropriate and about the privacy and operational implications of moving waiver decisions to the full board.
Legal counsel and several board members noted that HIPAA does not apply to the district in these circumstances and that board policy and statute assign the board authority over contracts; some members said the board should rely on HR to screen requests and present recommendations, reserving board action for appeals or unique circumstances. The board discussed a possible approach in which HR first reviews and recommends, a small cabinet panel adjudicates routine requests, and the board would hear appeals or unique cases.
A motion to amend the liquidated-damages policy so that all decisions to waive or not waive liquidated damages would be made by the governing board was moved and seconded. The motion failed on a 3-2 vote (Zimmerman and Schmidt voted “nay”; Vice President Kenyon, Board Member Cerancioni and President Todd voted “aye”). The meeting record shows the board therefore retained the existing allocation of authority as written in the adopted policy.
The board did not adopt an alternative escalation process during the meeting; members asked staff and counsel to draft clearer procedures and to ensure alignment between policy and procedures for future consideration.
