City school board contends state panel is going too far

By Harold Gwin

YOUNGSTOWN — The city school board is challenging what appears to be an attempt by the state commission overseeing district spending to extend its control over district operations.

A resolution on today’s Financial Planning and Supervision Commission agenda says the commission is assuming the power to approve all school district requests for proposals and bidding documents, including specifications, process, time line, evaluation criterion, advertising and processing protocol for all transportation services and equipment.

The school board maintains that directive exceeds the oversight commission’s authority.

The board voted 6-1 Tuesday, with member Jacqueline Taylor casting the dissenting vote, to approve its own resolution that says the board will retain legal counsel to research Ohio law relating to the commission’s power and will meet with state education and legislative officials to resolve questions related to this matter.

Members Anthony Catale, Richard Atkinson, Lock P. Beachum Sr., Michael Murphy, June Drennen and Dominic Modarelli all voted for it.

Ironically, the legal expense would have to be approved by the oversight commission, which clearly has control over the spending of district taxpayer funds. Taylor said it wasn’t right to ask the commission to approve that expenditure.

Central to the dispute is the school board’s attempt to award a transportation support-services contract.

The commission, which has been in control of district finances since the state placed Youngstown in fiscal emergency in November 2006, warned that the district’s bid document (request for proposals) was flawed and voted to disapprove it, acknowledging at the time that it didn’t have the authority to prevent the school board from issuing the document.

The school board issued the request for proposals anyway, and the board’s business committee later said that Community Bus Services Inc. of Youngstown was the only bidder meeting specifications.

CBS offered a guaranteed $500,000 annual savings on the $5 million a year Youngstown spends on transportation, but, in return, wanted the school board to give it a five-year extension on its current three-year contract to transport special-needs students in the district.

That contract is now in its second year, with CBS’ being paid just over $1.6 million for the first year with 3.8 percent annual increases built into the agreement.

The proposed contract also includes providing digital video-recorder/global positioning system units for 60 buses; computer software to track bus routing, streamlined bus maintenance and transportation payroll; and general consulting services.

The contract has yet to be presented to the oversight commission for approval, and Roger Nehls, commission chairman, has said he will oppose it if it comes before the commission.

The resolution being considered by the commission today calls for the district, by June 1, 2010, to complete the analysis of the cost and capability of Youngstown to provide its own special-education transportation (as recommended in a state performance audit).

Further, it directs the district to update its bus-routing software and train district staff to efficiently use those capabilities by July 1, 2010, and acquire software and training of district staff to manage both building and fleet maintenance work orders and preventive maintenance schedules by that same date.

The board, in its resolution approved Tuesday, said it believes the oversight commission plan would require the district to deviate from the most currently revised fiscal recovery plan as adopted by the commission and approved by the state superintendent of public instruction.

The commission’s directive would require the district to spend any savings it hopes to realize through the transportation support services contract, said Murphy, chairman of the board’s business committee.

gwin@vindy.com