Knutson open records

Gibraltar Area Schools ggg+ Hwy.4r, Fish Creek, WI 54zrz-9755 geo-B6B-3e84 Phorre: Fax: 9zo-86B-27L4 www,gibraltar.hn.wi.us

December 23,20L4

VIA U.S. MAIL Mr. Warran Bluhm News Editor Door County Advocate 235 N. Third Avenue Sturgeon Bay, WI 54235

Re:

Request for Public Records

- Gibraltar

Aren Schools

DearMr. Bluhm: I have received and reviewed yorrr request for the follorving:

1.

2.

3.

4.

5.

6'

Kirk Knutson's resignation letter.

The severance package Kirk Knutson was given for resigning now.

Any and all documents he was given or shown outlining an altemative scenario to resignation.

His employment contract effective for the 2014-15 school year.

His last five performance evaluations.

Any communicatiott this schcrol year regarding the performance of his duties, i.e., praise or wamings.

Enclosed are the dosumEnts that are responsive to yoru request. Home email addresses, phone telephone nrrmbers and Social Seourity numbers have been redactld as required by Wisconsin Statute Section 19.36(t 1), to the extent those items appeared on the requested documents.

In response to request.#3 above, I have provided the documents which set forth the two options presented in the parties' negotiation of a tiual resignation agreement (severance package). The resignation agreement dated Deceurber 8, 2014 is tho agreement between Mr. Knutsor and the District. No other documents that constitute "fecords" under the Wisconsin Public Records law subject to disclosure were given or shorvn to the records subject that outlined "alternative scenarios". To the extent any other document exists, it is not subject to disclosure because it is attomey-client privilege and attorney work product and rvould otherwise constitute a draft document. (See Wis. Stat.$ 804.0i(Zxc)t; State ex rel.

Mr. Wanen Bluhm Decenrber 23,2014 Page 2 of 2

Dudek v. Ciratit Court for lv{ilwaukee Cnty., 34 Wis.2d 559, 589, 150 N.W.zd 387, 404 (1967); Seifert v.

Sch. Dist. of Sheboygan Falls,2007 WI AppZ07,1T28, 30s Wis.2d 582,74Q N.W.zd 177)

With respect to evaluations (request #5), enclosed are prior evaluations. However, pursuant to Wisconsin Stafutes Section 120.12(2m), Mr. Knutson's ourrent evaluation prepared under the new Educator Effectiveness law is not subject to pubtic inspection, copyittg or disclosure under the state public records Iaw and thus can:rot be disclosed pursuant to law. For reference, the agendas of the meeti[gs related to the Educator Effectiveness Process have been disclosed and are enclosed as part of the responsive documents.

Regarding the response to #6, above, there are two documents that have a name redacted. The redactions are found in the email exchanges betweerr Mr. Knutson and Superintendent Van Meer (dated September 2-3 and Septetnber 5,2014). The name of arother employee is redactecl for the following reason: Based upou the balancing test, the public interest is better served through uon-disclosure, as compared to disclosure, because it identifies and relates to the work perfonnance of an employee who is not the records subject and is a member of the staff who has no policy nraking or management authority. The eruployee is not a prominent public official or official in a position of authority, and, on that basis, the employee should have a higher expectation of privacy regarding his or her personnel-related employee records. Ll'isconsin News Press, Inc. et.a[. vs. Sch. DLtt. Of Sheboygan Falls, et. al., 119 Wis.Zd 769, 564 N.Wr.Zd 143 (1996). Consistent with the public policy set forth at Section 19.8S(1)(c) and (0 of the Wisconsin Stahrtes, the two email documents contain performarrce data related to an employee over which the Board of Education of the District has jurisdiction and exeroises responsibility and personal history which, if publically disclosed, will be likely to have a substantial adverse effect upon the reputation offlre person referred to in such history and data^

Finally, please be advised that pursuant to Wis. Stats. $ 19.35(4Xb), the determination with respect to exempt record provisions is subject to review by mandamus under Wis. Stats. $ 19.37(1) or upon application to the Attoniey General or a district attomey.

Sincerely, I

/lrr^ -rt'

\

i

Vo^

Tina VanMeer Superintendent

Gibraltar Area Schools

RESIGNATION AGREEMENT This Agreement is entered into by and between the Gibraltar Area Schqol District, ("Distriot") and

Kirk Knutson ("Employee"),

WHEREAS, the Employee is employed as a7-1?- principal by the Dis{rict; and, WHEREAS, the District and the Employee wish to resolve certain matters related to the employment of the Employee;

NOw THEREFORE, the parties agree as follows:

1.

The Employee lenders and the District accepts the Employee's resignation from his position with the District, immediately, This resignation is irrevocable. Attached as Exhibit A is the Employee resignation letter,

2.

The District agrees that resignation from the Employee is in lieu of termination and that his resignation was not voluntary within the meaning of Wisconsin Statutes S 108,04(7).

Additionally, the parties agree that the Employee's resignation from the District was not for "misconduct" nor for ''substantial faul1" connected with his work within the meaning of Wisconsin Statules $ 108.04(5) anci $ 108-04(59). Consequently, the Districtwillsupporl the E

mployee's application for unemployment compensation,

3.

The District will compensate the Employee lor his salary at his current rate of pay through June 30,2016, Wlth the exception of health and dental insurance noted below in paragraph 4, the Employee will not be enlitled to any other District-paid benefits.

4.

The Employee may continue to participate in the District's health and dental insurance programs through August 31, 2015 and will contribute 12o/o loward the health and dentat

insurance premiums if he so chooses to padicipate. Thereafter, the Employee may continue io participate, at his expense, under the provisions of applicable Federal (COBRA) and State ($ 632.897, Stats.) insurance continuaUon laws,

5.

Should any prospective employer of the Employee contact the Dlstrict, the District $uperintendent will respond in a manner consistent with the attached letter of reference and Wis. Stats. 5895.487. Alt inquiries related to future jobs for the Employee wlll be referred to tho Superintendent. Attached as Exhibit B is the letter of reference.

6.

The Employee agrees noi to file a grievance or any other complaint, claim or actlon on the basis of or related to any action taken by the District with regard to his employment prior to the date ol this Agreement. The Ernployee will not file any cornplaint or claim of any type before a court or administrative agency of any type. arising outof, related to, concerning, or in anyway

connected wiih his employment by the District prior to the date of this Agreement, except as may be necessary to enforce the terms of this Agreement, The Employee will not contest or permit any agent on his behalf to contest the terms of this Agreement- lf the Employee or any person on his behalJ does {ile any grievance or any olher complaint, clalm or action related to his employment with the District, other than to enforce ihe lerrns of the agreenrent, a1l payments under this agreement will cease and the Employee agrees to reimburse the District for all payments under paragraph 3 and 4- ol this agreement.

7.

Under the terms of this Agreement, ihe Employee, for himself, his heirs, administrators and assigns, does release and discharge the Distrlct and its Board of Education, their officials, agents, officers and employees and their successors, individually and in their official capacity,

from all clairns, rights, causes of action, damages and demands whatsoever, includlng, but not llmited to, all liability and judgments for claims of wrongful discharge; injury to reputation; violation of civil rightst employment discrimination, to include the Title Vll of tho 1964 Civil Rights Act, the 1991 Civil Rights Act, the Age Discrimination in Employment Act of 'l 967, as amended, the Older Worker Benefit Protection Act including acknowledging the provision of the seven and twenty-one day consideration periods and specifically electing to voluntarily

execute this agreernent consistent with the signature date, and the Wisconsin Fair Employment Act; breach of contraci; libel; slander; personal injury, known or unknown including claims of defamation; damages; costs or expenses of any type including attorney

fees, which the Employee may have against any and all of the foregolng entities and persons, arising out of, retating to, concerning or in any way connected with the employment of the Employee by the District, except as may be necessary to enforce this Agreernent, This rolease does not include a release of claims after the date of this Agreement.

B.

Both parties mutually agree not to make public statements to disparage the other party and will not permit others to make disparaging statements on their behalf.

o

The parties hereto agree and understand that ihe ternrs and contents of this Agreernent are conlldential between the parties, to the extent permitted by law. Neither party will voluntarily disclose the terms of this Agreement, except as may be necessary for Lrona fide financial or accounting reasons and further as may be expressly authorized or required by the statr.rtory or common law of the state. For purposes ol this paragraph, if a request is made seeking disclosure of the Agreement under the Wisconsin Open Records law or common law of the state, or if a complaint is fited against the Schoot District, seeking disclosure of the Agreement under the Wisconsin Open Records Law or any other statutory or common law claim, or if the School District receives a formal wrltten demand requestlng the document and threatening to file a legal action against lhe School District Under the Wisconsin Open Records Law, the School District will respond pursuant to state and federal law. Employee does not waive any rlghts that Employee has under tho Wisconsin Public Records law, Wis. Stats., S 19,33, et seq., inctuding those rights provided by 2003 Act 47.

10

The terms of this Agreement shall nol be construed under any circumstance as an admission of guilt, liability, nor culpability by any party and shall additionally not be construed as an admission by the District that a violation has occurred as a result of any action taken by the District with regard to the employment of the Employee.

11.

The terms of this Agreement will not be considered by the District as precedent or

as

establishing the terrns of a past practice with regard to future disputes between the parties of an identical or related nature, if any. tl

This Agreement constitutes the complete understanding belween the District and the Employee concerning all matters addressed herein. This Agreement resolves all issues relaled to the Employee's employment with the District. This Agreement shall supersede all

prlor agreements, understandings and practices concerning such matters including, but not limited to, any collective bargaining agreements, personnel documents, handbooks, policies and any prior custorns or past practices of the District.

13.

ln entering this Agreement, the Employee represents and agrees that he has been afforded the opportunity to consult with counsel or a representative of his own choosing and has done so to the extent he deemed appropriate. He declares and acknowledges that no promise or inducement, not expressed in this Agreement, has been made to him by the District. The Employee lurther represents he has read this Agreemont and understands it, thathe has had a sufficient period of time in which to consider it, and that he voluntarily accepts the terms of this Agreement.

tN WITNESS THEREOF, this Agreement has been executed on the dale herein specified and the persons so executing this Agreement represent by their signatures they have full authority to do so.

Datedthis

X

Auy

of F+sv6mEer,2014.

2r-a.^ l*-

FOR THE GIBRALTARAREA

SCHOOL D]STRICT:

Board of Education

Kirk Knutson

Exhibit A

Noyember 24,2014 Mrs. Tina Van Meer District Administrator Gibraltar Area School District Flsh Creek, W!54212

Dear Mrs. Van Meer,

After considerable thought, I am requesting that the board of education accept this notice and approve my employment resignation from the Gibraltar School District. lf approved, this resignation shall be effectlve on November 24,2AL4, Respqrtfully subtrr itted,

K/n'zfrl-.'

Kirk R. Knutson

Exhibit B

Gibraltar Area Schools g9z+ HW. 42, Fish Creek, WI 54zrz-9759 Phone: gzo-868-3e84 Fax: 9eo-B6B-27t4 www.gibraltar.kre.wi.us

December 1,2075 To Whom

lt May Concern:

writing this letter of recommendation for Dr, Kirk Knutson, He has been an administrator in the Gibraltar Area School District for the past seventeen years. As the superintendent, I have had the opportunity to work with Kirk as part of my administrative team for the past two years.

I am

Dr, Knutson is an educational leader, Many principals are good managers of staff, resources and student issues. Kirk has shown proficiency in these areas, but excels as a principal who can give direct guidance related to curriculum and instruction. He has a wealth of knowledge about best practices, His

understanding of curriculum and instruction is impressive and allows him to engage in meaningful dialog

withteachers. Kirkhastheabilitytoasktoughquestionsandprovidespecificdirectiontoteachers.

When answers are not easily identified, Kirk rolls up his sleeves and works side by side with teachers to develop a workable plan.

Gibraltar Area School District is committed to implementing a Response to lntervention (Rtl) framework, and Dr. Knutson has moved his school forward at the secondary level. Kirk has trained his staff to utilize data from formative and summative assessments to make lnstructional and programming decisions, He has effectively mapped resources and allocated staff as necessary to meet the needs of staffand

students. Dr. Knutson is a results-oriented leaderwho manages effectively and efficientlythe political pressures for tougher standards, higher test scores and greater accountability while at the same time upgrading academic performance for all students.

Being in education for over twenty-four years, I have worked with many people with a wide variety of

backgrounds and skills. I have been impressed with Dr. Knutson's knowledge of best practice, his ability toirnplementnewinitiativesandhispassionforeducation. Heisapersonwhoisalwaysreadyforthe next challenge and opportunity that comes his way. lt is for these reasons, I recommend Dr. Kirk Knutson for a position in your organization.

Since rely,

--ffi^\rt-lru,-Tina Van Meer

Superintendent Gibraltar Area Sghool District

Revised Contract for 7 - LZ Principal School Year ZAL4-2015 It ls Hereby Agreed by and between the Board of Education of the School District of Gibraltar Area, located in Door County in the State of Wisconsin, (hereinafter called the Board) and Kirk Knutson (hereinafter called the Principai) that the said Board, in accordance with its actions as found in the minutes of the meeting held on April 28, 2014, has and does hereby employ said Kirk Knutson as 7-12 Principal of the School District of Gibraltar Area for the first year of a twoyear contract, commencinE July 1,2014. Both parties agree that said employee shall perforrn the duties of the Principal in and for the public schools in said District as prescribed by the laws of the State of Wisconsin and by the rules and reguiations made thereunder by the Board of said District.

That in consideration, a salary base of $113,306.93 (one hundred thirteen thousand three hundred six dollars and ninety-three cents) shall be paid in compensation for duties as 7-12 Principal. Twenty days shall be granted as paid vacation during the 2013-2A14 fiscal year, beginning July 1 and ending June 30. A bonus in the amount of $1,000.00 (One thousand dollars) shall be paid on July 15, 2014, in compensations for successful completion of the Framework for Teaching Froficiency Test and earning certification in the Framework for Teaching Evaluation lnstrument.

Notice of contract renewal or non-renewal for the 2015-16 school year shall be provided prior to March 15,2415.

Fringe benefits include 88% payment of health and dental insurance; lO}o/o payment of life, long-term disability, and long-term care insurance; payment of the ernployer contribution to the Wisconsin state retirement system; the IRS Business Use Rate for use of employee automobile; attendance at local and state educational conferences; attendance at national conference on alternate years; and state and professional dues. Twelve (12) days of Paid Time Off are provided, as well as the following paid holidays. New Year's Day, Good Friday, Memorial Day, lndependence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve Day, Christmas Day. ln addition, the Employee is provided a district-paid single membership to the Northern Door YMCA. Upon retirement of Kirk Knutson, the School District of Gibraltar Area shall pay 88% of health and dental insurance premiums for a period of 36 (thirty-six) months.

During the course of this contract, the Principal may be discharged for good and just cause.

It is agreed that the Principal will furnish throughout the life of this contract a valid and appropriate certificate to act as Principal in the State of Wisconsin as directed by the Board and that the Principal hereby aErees to devote his time, skiil, labor, and attention to said employment during the term of this contract. ' The Frincipal shall be responsible directly to the Superintendent and the Board. He shall carry out the duties of fhe Frincipal as stipulated in the Board of Education Policy. ln return, the Board, individually and collectively, and the Superintendent will refer promptly all criticisms,

201 4-15 Principal Contract

Kirk Knutson Page 2

complaints, and suggestions called

to their attention to the

Principal

for study and

recommendation.

The District shall fulfill all aspects of this contract, any exception thereto being by mutual consent of the Board and the Principal.

Failure to fulfill the obligations agreed to in this contract will be viewed as a violation of the Principal's Code of Ethics and will be reported by the Board to the appropriate state association and state educational authorities. ln Witness Thereof, the parties have set their hands and seals this 28th day of April,2014.

Principal

Board of Education

7

Gibrs"ltqr Area S ahoo Is g9z4lfwy" 42, FishCreek, Wf g4etz_g777

- : geo - 86 B- gz 84 F*x : ge Phone o-96 g- z 774

*i*. tiii""ltar.ktz

"wi.u.s

June26,2012 This is an adminishative evaluation and commendation of Kirk Knutson, Secondary principal and Athletic Director, for the 2010-1 1 and 201 l-12 school years.

Dr' Knutson is role model fo_r a contemporary passionate and compassionate school administrator.

His every school action is a demonstration of his commitment to a quality education for each and every student and his .u.ing io. each and every student as a child and about-to-be young adult.

The leadership of a secondary school is not easy; if it was, anyone could do it and very, very few can do it as well as Dr' I(nutson' Across the foufteen years of our work togethei, I have observed seveiai prot-essional traits that have led to- his being principal of one of the finest high schools in wisconsin. First and foremost, is his professional growth as an instructional leader. The relationship between a principal and a faculty for the iurposes of instructional improvement is precarious at best. It begins with an adrninistrative function oi supervision and all of the seeming contradictions between a teacher's academic freedom to teach and school district,i accountability foi student perfotmance. Dr' Knutson has crossed through this dilemma on the merits of his insistence upon a quatit

education for all students.

I commend his building of a scaffolded curicular program that meets the needs of students who have high to low academic ambitions as^well as high to low personal commitment to education.

Dr. Klutson is interested in each student's preparation of a successful entry into life after high school and is dedicated to a curriculum that builds that success' He has beeninstrumental in developing the highichool's battery of Advanced placement courses through his encouragement of teacher preparation, validation of each teacher's curriculum by the College Board, and discussion with students and parents on the importance of a rigorous course of study. Equally, he has been forceful in building an arts curriculum that annually attracts more than 85Yo ofhigh school students into art and./or music course work' And, Dr. Knutson has been a strong proponent for the high scf,ool's business, marketing, technical and careers-oriented curricula. His personal affinity for hands-on and praitical, utilitarian education is p'ortrayea in tris assurance that high school students have entry into the county's career and internship programs. The current high school curricular program shows balance of opportunity with a strong emphasis upon^perroimance-based outcomes.

These are due to Dr. Knutson,s leadership.

Dr' Knutson demonsh'ates instructional leadership with his understanding of and commitment to student perforrnance' This is porhayed in his study and-understanding of academic data as it clarifies the quality of student

learning' He uses data from statewide and school assessmJnts, college preparatory assessments, as weil as the running records of daily student work to project positive and powerful educational g"ui, fo. all students and then to guide individual students through their iducatibnal challenges.

He uses performance data to congratulate and recognize student achievement as well as to incite and prJmote the improvement of student efforts. He uses performance data to connect teacher work to their students and to interpret student work to their parents. I commend and appreciate Dr. Knutson's leadership in viewing the quality of our schooling tkough a study of the data that is created by our schooling.

I commend Dr' Knutson's commitment to student performances in the arts, activities and athletics, as well as academics' As a lifelong musician, he walks the witt of commitment to the arts as part of a student,s balanced education' He is able to talk from experience regarding the study and performance of music and this creates immediate credibility between student and principal. ai a .o*p"iing adult athlete, he demonstrates by example _a the meaning and relationship of work and reward toour secondrry uthl"t., who see him in the training room as well tt y*ilq on the county roads and trails. He has rapport with student/athletes. .A,nd, he values student activity life.

Although he is quick to recognize the efforts of others in renewing student interest in activities such as Letter Club,

National Honor Society, class officer roles, and Math Team, these activities for students wouid falter without the leadership of the principal.

I also commend Dr' Knutson's growth and commitment to instructional strategies.

I have observed him take strong positions with teachers on theirneed for engaged, standards-based instruction for all students. I have observed him take forceful positions with teachers in guiding their improvement of, lesson planning and subsequent extended work with individual students to assure that all students learn. Most recently, I commend his leadership in interpreting the need for assuring that all students meet the school's and state's learning standards through continued and specific instruction of underperforming students. He began by transforming a traditional high school study hall into a student mentorship prograin and has continued with leadership of the secondary school's Response to tntervention initiative.

The counterweight to Dr. Knutson's passion for a quality education for all students is his compassion for every student' Inside the instmctional leader resides his experience as a school counselor and his care ofeach student as a child' It is impossible to observe Dr. Knutson in his daily work without seeing his connection to students. He

demonstrably cares about each and every student and knows each student as an individual.

Sometimes this is shown through his one-on-one meetings with students whose school challenges need the attention of a school leader who cares as well as his correcting student behavior in the hallway. irom the professional intimacy or p.rrorut counseling to addressing public behavior, Dr. Knutson cares about each student.

Another demonstration of his care is observed in Dr. Knutson's relationship with the parents of our secondary school' He is quick and unhesitating in making parental contact in order tobring a school-parent partnership to address a student problem. He- is blunt with parenis in interpreting a child's needs. He is clear in upholding school expectation and empathetic in ieading a child to find his place in Ihose expectations. He is kind in appreciating the

challenges that today's families face on many fronts and works wonders in assisting families to support their child,s

participation in school programs. Dr. Knutson is first and forernost an advocate for children.

In the 1970s, Ronald Edmonds' Effective Schools research demonstrated that "nothing of importance happens in a secondary school without the involvement of its principal." Dr. Knutson reinforces thairesearch on a daily basis.

over our fourteen-year tenure together, I have observed Dr. Knutson grow into the quality of instructional leader, prograrn developer, inspired educator, and child.advocate that every parent should want iortheir child and every school board should want for its secondary school.

Respectfully,

Stephen Seyfer, PhD Superintendent

'v From:

Kirk

a=

Knutson.

jJ

Subject:

FYI

Date: To:

Mon, 24 Nov 2014 09;01:05 Fred Anderson <fanderson@gibraltar.k12.wi.u*, Tina VanMeer <tvanmeer@gibraltar.kl2.wi.us>

-0600

d

Dear Mr. Anderson and Mr6. van l,ie.r, As kle approach the Thanksgirring Break, r an informing you that I wj.ll be applying for a couple of opon positions. Nothing rnay come of these applicat:.ons, but as the board president anci superint.en<ien.t, both of you wil"l" be lhe fir$t to know if a posi.tion is offered to me and r choso to accept it,.

Reopectfully,

xirk

Kirk xnutson

Secondary school rrincipal Gi.i:raltar Area Schools 3924 tbny

42

Fish Creek, \tr www -

gi.b::altar

.k

34212 I 2 , wi . us