Nyack Public Schools
Board Meeting Minutes
February 4, 2003
Public Workshop Meeting
Nyack High School Auditorium
Members Present:
Members Absent: None
Others Present:
President Hammond called the meeting to order at 7:40 PM. It began with the Pledge of Allegiance.
President’s Report
President Hammond told the audience where the exits and bathrooms were in the High School. He said the Indian Usage Committee had spent a great deal of time on the issue it was reporting on that evening. He said the ground rules for public comments after the report were that there was going to be 90 minutes devoted to audience comments. Each speaker would get three minutes with a 30 second time-ending warning.
Student Representative’s Report
Erin Straw reported that:
The SOS feast was very successful with over 200 people. She thanked all who attended.
The Soul Food Dinner is on February 11.
Superintendent’s Report
Mid-year graduation is that week.
Districtwide kindergarten registration has begun.
The County is losing $15m in aid and the District is losing $1,100,000 in the Governor’s proposed budget. The loss in aid is devasting to the Districts
Board of Education Reports
Trustee Czajkowski said the Rockland County School Board Association’s legislative breakfast was that week.
Trustee Burrell was just back from participating in the Federal Legislative Network meeting. IDEA is ups for reauthorization. If the District received what Congress had promised it would receive $220,000.
Trustee Davis said it would be essential for everyone to voice their deep concern about the Governor’s budget to legislators. All events with the legislators should be attended.
Committee on Indian Usage Recommendation and Report: Deven Black, Committee member and the group’s facilitator, read the Introduction to the Report (see attached). The nineteen member committee was divided on its recommendations as follows: Out of the nineteen members (seventeen voting members) nine wanted to eliminate the use of the Indian name and logo, four wanted to maintain the name and logo as modified in 1995 and four offered a compromise position maintaining the name Nyack Indians, but changing the logo. He and the Committee members were thanked for their time and diligence.
Public Comments: About 60 people offered their viewpoints on the subject within the 90 minute framework.
Board Comments:
Erin Straw: She presented the opinions of the student body. During the formal debate held a few weeks before, four students, two for each side of the issue, debated with about 100 students present. A vote at the end of the debate resulted in 53 students voting to keep the name and logo and 49 voting against keeping it. In a schoolwide student poll taken the previous week, 60% of the student body voted in homerooms. Teachers read the two sides of the issue and the resulting vote was 409 students for keeping the name and logo, 95 for eliminating them and 66 for a compromise. The second poll was taken because students felt too few students were at the debate to properly reflect student opinion. Perhaps the vote outcome percentages were so different because the debate audience was better informed. She added that the Board decision should not be based on any threat of the budget being defeated, since that contradicts the Nyack spirit.
Michael Mark: He thanked everyone for coming and the thoughtfulness that has gone into the issue, realizing how difficult a conversation it is. He further acknowledged how long the Indian has been a Nyack tradition, how uncomfortable change is, and how difficult it is to make a decision on an emotional, not quantifiable matter. He said Commissioner Mills brought up the issue, but it is one that has been here. The Board has received all the material that the committee has received and is not making a decision that evening rashly. He has to question whether it is the Indian that the community has pride in or the achievements of the students. Changing the name and/or logo will not diminish Nyack’s pride in its students or schools and if the Indian is offending anyone, it is in everyone’s best interest to change it. Knowing how difficult that will be for the community, he is willing to keep the Indian name and just change the logo
Claudette Clarke: She commented on what an emotional community Nyack is, with community members now not saying hello to her because she is on the Board that opened up this discussion and Mrs. Zampolin’s house being vandalized this weekend for the first time in the 34 years she has lived here. She hears the threats that people will vote down the budget if the name/logo is eliminated and that she won’t be re-elected. She is distraught that the people would hurt the children by voting no on the budget because of the issue. She would continue to work for the District, as she did before she was a Board member, if she wasn’t re-elected. Her daughter was an Indianette, and the pride and spirit for the students and District will be there with or without the name and logo. If it is offensive to even one person, we must stop and discuss it and we are being selfish if we don’t care about the offense to others. She would support changing the name and logo.
Pierre Davis: He thanked the Committee and Deven Black for facilitating and all those in and outside the community for sharing information. It was enlightening. What his other two colleagues said was true; This is an issue bigger that this community and difficult to discuss something we all hold dear. Also, it is shameful when threats are made and there is no intention of offending or insulting anyone. Based on the information and input received, he doesn’t see what is offensive about the name and logo and when race is used to intimidate or incite the point is missed. Perhaps it needs more discussion. His opinion is to increase education about the Native Americans in this region and improve the curriculum with help from the Native Americans who offered input. Our children are proud of the name. He supports keeping both.
Bryan Burrell: He thanked the Committee for abiding by the Board’s resolution and struggling with this challenging issue. He also has read all the research given to the Board and done his own as well. He went on Dr. Yeagley’s website and watched the PBS video “In Whose Honor,” and was overwhelmed by it. In the video the sale of Indian heads is discussed. His research also revealed the many prominent organizations that have come out against the use of Indian names and, mascots and logos. He sees this as an evolving discussion in which the community must participate. He recommends addressing the issue in degrees. He will recommend formally eliminating the logo. He hopes that although the community does not see eye to eye, it will walk hand in hand.
Vic Czajkowski: He too read all the literature, attended most of the Committee’s meetings, and attended Dr. Yeagley’s lecture the previous evening where about 100 people were present. He stressed that Board members are elected to represent their community. At the January 13 forum it was obvious that most there were in favor of keeping both the logo and name. 77% of the High School students that voted said to keep both and only 16% said to eliminate both and 11% to compromise. The Commissioner’s statement said to resolve this locally and to study the issue with consensus form school community. There was no reference for all others to be part of the discussion. There is historical reference to the Nyack Indians. He supports keeping the Indian name and logo, including more information in the curriculum on the Native Americans who lived here.
Dr. Fletcher Johnson: This very complex, sensitive problem should be decided by the community through a vote. Thus If there is a vote tonight, he will abstain. He said this was a complicated Board made of different, distinct people with different backgrounds, such as the rest of the community. There are twenty thousand people that the Board has not heard from. He feels that the Indian was never used here in a derogatory manner and we are held hostage by things that happened centuries ago.
Don Hammond: He thanked the Nyack mayor, John Shield, for his comments about all coming to the table to resolve this issue in a diplomatic, non- confrontational manner. He acknowledged the fine efforts of the Committee, on which he served as a non-voting member. The result of the Committee’s learning process and level of discussion resulted in a number of members’ minds being changed, which was reflected in the Committee vote. This showed how an educational process could influence people. Comments and harassments he has heard in the community do not reflect the pride that we have in the District. He hopes all can be brought back to an educational context. He commented that he had visited Dr. Yeagley’s website, and read some remarks made about him personally and felt a bit abused himself. He personally feels that both the name and the logo should be eliminated, and others created that better represent Nyack’s pride, but believes the community is not ready for that decision. The community should undergo more of a process, involving education. Thus, he is willing to vote for the elimination of the logo. He hopes that the community will come together and realize that everyone’s goals are the same: caring for one another and providing the best education for our children, which means supporting the budget.
Action
Indian Usage Resolutions: The following are resolutions brought forth by the Board on the issue:
Trustee Burrell moved and Trustee Davis seconded to approve the following:
WHEREAS, the Board of Education wishes to thank the members of the Indian Name/Logo Usage Committee for their time and effort in researching, meeting and preparing the Report; now it is
RESOLVED, that the Board of Education hereby receives with thanks the Report of the Indian Name/Logo Usage Committee.
Motion Approved (7-0)
Trustee Johnson moved and Trustee Czajkowski seconded to approve the following resolution:
WHEREAS, the Board of Education wishes to obtain an advisory vote from the voters of the District before making a final determination; now it is
RESOLVED, that the Board of Education shall place the issue of whether the District should continue to use the Indian named and/or logo before the voters in an advisory and non-binding public referendum to be held on or before _____2003.
Legal Counsel, Ralph DeMarco was asked to comment on the advisability of a referendum. He explained that a District’s sports team names and logo rests in the discretion of the School Board. The Board can seek an advisory referendum, but it is not bound to the vote’s result. The Commissioner has frowned on such votes since they mislead the public into believing that it is the final determinant in the matter and can also be construed as the Board abrogating its responsibility.
Trustee Burrell moved and Trustee Davis seconded to table the motion until the other resolutions in the matter were voted upon.
Motion Table Approved (4-3)
Trustee Burrell moved and Trustee Davis seconded to approve the following:
RESOLVED, that the Board of Education directs the Superintendent of Schools to review and present for its consideration an expanded District curriculum related to the subject of Native Americans (changed to Native American Indians) by the end of the current school year.
Trustee Czajkowski moved to amend the motion to replace Native Americans with Indians of Nyack. There was no second.
Trustee Davis moved and Trustee Mark seconded to amend the wording to “Native American Indians.”
Amendment Motion Approved (7-0)
The Trustee Burrell/Trustee Davis motion was approved with the amended wording.
Motion Approved (7-0)
Trustee Mark moved and Trustee Burrell seconded to approve the following resolution:
RESOLVED, that the Board of Education hereby determines that the District shall no longer use the current logo depicting an Indian head.
Trustee Czajkowski moved and Trustee Johnson seconded to table the motion.
Motion Not approved (3-3-1) Trustee Davis abstained
Motion Approved (4-2-1) Trustee Johnson Abstained
Trustee Mark moved and Trustee Czajkowski seconded to approve the following resolution:
RESOLVED, that the Board of Education hereby determines that the District shall continue to use the name “Indians” for its Sports Teams (for its sports teams- removed.)
Trustee Davis moved and Trustee Burrell seconded to amend the wording to remove “its Sports Teams.”
Motion Approved (6-0-1) Trustee Johnson abstained
The Trustee Mark/Czajkowski motion was approved with the amended wording.
Motion Approved (5-1-1)
Trustee Clarke No Trustee Johnson Abstained
Trustee Mark moved and Trustee Burrell seconded to approve the following resolution:
BE IT FURTHER RESOLVED, that the Board of Education will review the District’s use of the Indian name after two years.
Motion Approved (4-2-1)
Trustees Czajkowski and Clarke No Trustee Johnson Abstained
Trustee Czajkowski moved and Trustee Mark seconded to take the following resolution off the table:
WHEREAS, the Board of Education wishes to obtain an advisory vote from the voters of the District before making a final determination; now it is
RESOLVED, that the Board of Education shall place the issue of whether the District should continue to use the Indian named and/or logo before the voters in an advisory and non-binding public referendum to be held on or before _____2003
Motion Approved (5-0-2)
Trustees Johnson and Clarke Abstained
Discussion:
Trustee Davis: A public vote that is just advisory is like going to a larger committee for an opinion. The Board if elected to make tough decisions and less than 10% of the public votes. Something of this magnitude is the Board’s responsibility. The Board members are elected to take in the best interests of all the people. We’re not all the same as one can see by the differing opinions of the Board members.
Trustee Burrell: He would vote against a referendum, since he hopes the community will go through an education process over the next two years. He might support a public poll, such as the kind of voice telephone poll that NYSSBA conducts for communities. (Trustee Davis agreed that maybe an exit poll at the budget vote can be done.) One of the ways the public voices its opinion is through the Board election process. It is important to go through a compromise process, such as a committee that was suggested by Mayor Shield.
Trustee Johnson: We can not presume the public will not vote. The vote could be advisory and could be done the same time as the budget.
Trustee Mark: This is a majority rule society, with room for minority opinions. There is a time when an elected official will take the stand of the constituency and time when he/she will vote his/her conscience. He recognizes that the vast majority of the population and student will want to keep the status quo. In this case he felt personally felt that that the minority opinion was important to endorse.
Trustee Czajkowski: He doesn’t believe the District would want to spend money on a poll. It is far better to vote.
Erin Straw: A vote would not include students. She doesn’t believe the community will do its homework before a vote and when students attended the debate, and got information their opinions changed.
Trustee Burrell called the question
Approved (6-0-1) Trustee Clarke Abstained
Motion Not Approved (2-5)
Trustees Johnson and Czajkowski Yes
Personnel
Trustee Burrell moved and Trustee Davis seconded to take the following resolutions as one motion.
Motion Approved (7-0)
Trustee Mark moved and Trustee Clarke seconded to approve the following:
RESOLVED, on the recommendation of the Superintendent of Schools that REYNA MOLINA be appointed to the position of Spanish Teacher on a Probationary basis effective February 3, 2003 through February 3, 2005, Step 15, Scale 10 $89,548 pro-rated 2/3/03 - $40,296.
RESOLVED, on the recommendation of the Superintendent of Schools that CHERYL EGLIN be appointed to the position of Special Education Teacher at Nyack Middle School on a Leave Replacement basis effective February 3, 2003 through June 30, 2003, Step 4 Scale 2, $45,814 pro-rated 2/3/03 - $20,617. ,
Resolved, that CHRISTINA R. DUNCAN, a Teaching Assistant at Upper Nyack elementary school be granted a continued unpaid leave of absence effective February 3, 2003 through June 30, 2003.
Motions Approved (5-0)
Trustee Czajkowski voiced concerned about the salary being given to Reyna Molina. Mrs. Zampolin explained how difficult it was to find a Spanish Teacher.
Trustee Mark called the question on personnel.
Motions Approved (5-1-1)
Trustee Czajkowski No and Trustee Johnson Abstained
Trustee Clarke moved and Trustee Burrell seconded to adjourn to Executive Session for discussion of personnel matters at 11:15 PM PM.
Motion Approved (7-0)
Trustee Mark moved and Trustee Czajkowski seconded to reconvene to Public Session and adjourn at 11:45 PM.
Motion Approved (7-0)
Respectfully submitted,
Gail Fleur, District Clerk