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Newark Unified board approves emergency HVAC repairs after heated debate
Summary
After extended public comment and board debate over whether procurement rules were bypassed, the Newark Unified School District board approved an emergency resolution to replace and standardize thermostats and controllers to address widespread HVAC failures; staff will report updates at regular meetings.
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The Newark Unified School District board voted 5–1 on Oct. 21 to approve an emergency resolution allowing staff to proceed immediately with work to replace thermostats and update HVAC controls across district sites.
The motion followed a lengthy presentation from Tony Lopez, the district’s purchasing and procurement manager, and Travis, the district’s director of maintenance, operations and transportation, who said roughly 163 thermostats had failed since the start of the school year and that temporary portable units were costing about $60,000 a month at two sites. Lopez told the board the district’s legal counsel reviewed the facts and confirmed an emergency under the public contract code, arguing that the failures created unsafe or intolerable conditions for students and staff.
“Since school started, 163 thermostats have stopped working,” Lopez said, adding that the rapid, system‑wide failures and ongoing costs for temporary cooling made immediate action necessary. Staff presented a proposed rollout of Pelican TC‑3 thermostats (six trial units already installed and tested), noted CalSHAPE grant funds would cover $600 per classroom sensor (estimated $212,400), and shared a vendor estimate range and a slide line item of approximately $777,286.86 toward replacement work.
Board member Aidan Hill voiced strong objections, saying HVAC issues have been known for months and arguing the situation did not meet the statutory definition of an emergency that permits bypassing competitive bidding. “This does not constitute a sudden unexpected occurrence that poses a clear and imminent danger,” Hill said, and urged staff to run a rapid competitive process in parallel with any immediate repairs to protect taxpayer interests.
Several other board members disagreed. Member Block said the combination of rapid failures, high temporary‑unit costs and the success of the small Pelican pilot justified expedited work. “We will be receiving regular updates and have oversight over the project,” Block said before moving the item.
Public commenter Miss Parks urged the board to reconsider, saying the HVAC problems were not newly discovered and criticizing the use of an emergency declaration to bypass the standard procurement process.
The motion to approve Item 13.2 passed 5–1. The resolution requires staff to update the board at each regularly scheduled meeting as the work proceeds. Staff said they would continue to assess outcomes and report back with implementation progress and costs.
What happens next: Staff will begin the Pelican thermostat/controller work under the emergency resolution and provide recurring written and verbal updates to the board; the resolution also allows the district to remove costly portable units earlier if repairs succeed. The board record shows 5 yes votes and 1 no vote on the measure.

