June Newsletter

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Volume 42 Issue 6 • June 2012 CONTINUED ON PAGE 6. Operator The Congratulations Joe Beaton Scholarship Award Winners!!! Kendra Burr and Rusty D. Grisim By Shari Danzeisen Ed. Note: Both recipients of the Joe Beaton Scholarship this year were outstanding candidates, excelling in aca- demics, school activities and community activities. Below are some of the highlights of their school careers and excerpts from their essays. Both recipients will receive a $1000.00 in honor of Joe Beaton and his contributions to the school bus industry in Minnesota. Kendra Burr Daughter of Tom and Jana Burr, Kendra is a student at Rogers High School and will be graduating this spring. Kendra plans to attend Iowa State University in the fall. Kendra has volunteered for several community charities over her school career including Feed My Starving Chil- dren, Lions Club, Roads Dinner, and has offered her ser- vices as a babysitter free for community events. Kendra participated and excelled in volleyball, All Confer- ence track, served as Vice President of DECA, National Honor Society, Academic Honors, Spotlight on Scholar- ship all while maintaining a 3.8+ GPA and working a part time job. Kendra also has been nationally recognized as a National Science Merit Scholar for her distinctive science achieve- ments. “Not very many people can say they have never taken the school bus to or from school. Whether it was a memorable bus driver or simply socializing with friends every morning and afternoon, most people have life-long memories that were created on the school bus. Along with the personal memories I have from riding the school bus, I have had the privilege to see another side of the school transportation system that often goes unnoticed. School transportation is often overlooked and unappreci- ated. Many people simply look at the school bus as their daily ride to and from school and look past the work it takes in running a transportation system. My dad manag- Rusty D. Grisim Son of Doug and Cara Grisim, Rusty is a student at Lincoln High School in Lake City. After graduation this spring, Rusty plans to attend St. Johns University, in Collegeville, Min- nesota. Rusty has been active in his community during his school career. He has organized and run wrestling camps for the Lake City youth to keep younger children interested in the sport. Rusty also worked with the Lions Club to deliver meals to homebound community members, and regularly volunteered at an area nursing home to play bingo and visit with residents. During his school career, Rusty was involved in and excelled at wrestling, football (both All Conference several times), Student Council, Teen Leadership Program, Academic Excellence Award from the Kiwanis Club, All Conference Honors Choir, Band, and was selected for the Homecoming Royalty and Snow Day Court. Rusty was selected as the “Excel Award Winner” by the Min- nesota State High School League. One award is given to each graduating class for a student who displays “Excel- lence in Community, Education & Leadership”. He also received the “Iron Man Award” which is given to a member of the wrestling who never misses a practice. Rusty did not miss a practice from 7-12th grade and is very proud of this accomplishment. “When I was very young I spent alot of time riding on a school bus because according to my parents this was ‘their job’ and it was my job to be patient, be friendly and nice to

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MSBOA Operators June 2012

Transcript of June Newsletter

Page 1: June Newsletter

Volume 42 Issue 6 • June 2012

CONTINUED ON PAGE 6.

OperatorThe

Congratulations Joe Beaton Scholarship Award Winners!!!Kendra Burr and Rusty D. Grisim

By Shari DanzeisenEd. Note: Both recipients of the Joe Beaton Scholarship this year were outstanding candidates, excelling in aca-demics, school activities and community activities. Below are some of the highlights of their school careers andexcerpts from their essays. Both recipients will receive a $1000.00 in honor of Joe Beaton and his contributionsto the school bus industry in Minnesota.

Kendra BurrDaughter of Tom and Jana Burr, Kendra is a student atRogers High School and will be graduating this spring.Kendra plans to attend Iowa State University in the fall.

Kendra has volunteered for several community charitiesover her school career including Feed My Starving Chil-dren, Lions Club, Roads Dinner, and has offered her ser-vices as a babysitter free for community events.

Kendra participated and excelled in volleyball, All Confer-ence track, served as Vice President of DECA, NationalHonor Society, Academic Honors, Spotlight on Scholar-ship all while maintaining a 3.8+ GPA and working a parttime job.

Kendra also has been nationally recognized as a NationalScience Merit Scholar for her distinctive science achieve-ments.

“Not very many people can say they have never taken theschool bus to or from school. Whether it was a memorablebus driver or simply socializing with friends every morningand afternoon, most people have life-long memories thatwere created on the school bus. Along with the personalmemories I have from riding the school bus, I have had theprivilege to see another side of the school transportationsystem that often goes unnoticed.

School transportation is often overlooked and unappreci-ated. Many people simply look at the school bus as theirdaily ride to and from school and look past the work ittakes in running a transportation system. My dad manag-

Rusty D. GrisimSon of Doug and Cara Grisim, Rusty is a student at LincolnHigh School in Lake City. After graduation this spring, Rustyplans to attend St. Johns University, in Collegeville, Min-nesota.

Rusty has been active in his community during his schoolcareer. He has organized and run wrestling camps for theLake City youth to keep younger children interested in thesport. Rusty also worked with the Lions Club to delivermeals to homebound community members, and regularlyvolunteered at an area nursing home to play bingo and visitwith residents.

During his school career, Rusty was involved in and excelledat wrestling, football (both All Conference several times),Student Council, Teen Leadership Program, AcademicExcellence Award from the Kiwanis Club, All ConferenceHonors Choir, Band, and was selected for the HomecomingRoyalty and Snow Day Court.

Rusty was selected as the “Excel Award Winner” by the Min-nesota State High School League. One award is given toeach graduating class for a student who displays “Excel-lence in Community, Education & Leadership”. He alsoreceived the “Iron Man Award” which is given to a memberof the wrestling who never misses a practice. Rusty did notmiss a practice from 7-12th grade and is very proud of thisaccomplishment.

“When I was very young I spent alot of time riding on aschool bus because according to my parents this was ‘theirjob’ and it was my job to be patient, be friendly and nice to

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Greetings from Lake City!

171 days down and 3 to go in Lake City! Much like every-one around the state, we are winding down our regularschool year and preparing for the extended school year that

runs throughout the summer months.

Our son Rusty is graduating from High School this year and daughter Emmee is living,working and going to school in Rochester now so Cara and I are becoming “emptynesters”. I knew this day was coming and have heard so many friends and familymembers talk about it, but the reality is sinking in. We will definitely have a differentlifestyle but are very excited about our future.

I had a milestone birthday this past February, yup you guessed it, I turned the big FiveO!! Cara and kids pulled off another surprise party. I need to be a little more cautiousin letting her plan our outings, she had me going to a recognition banquet for somefriends teenagers in Lakeville and I can’t believe I walked right into another trap. In allsincerity, I feel great at Five O and was very thankful to be able to celebrate with somany friends.

I also feel very good about where MSBOA, as an association, is at. We have mademany strides in the right direction but have a lot of work to do to make sure our abilityto contract with school districts for the transportation of school aged children remainspossible in Minnesota. There are a few factors out there that could put that in jeopardyand now is the time to make your voice heard through active participation and attend-ing conferences. If you haven’t signed up for the 2012 Summer Conference, PLEASEDO SO NOW!!! Remember, “First time attendees” will get a free gift on me.

In closing… Progress involves risks. You can’t steal second base and keep your footon first. Frederick B. Wilcox

Travel Safe, Doug

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BBOARDOARD OFOFDDIRECTORSIRECTORS

JOHN BENJAMIN, NORTHFIELD

507.645.5720/FAX [email protected]

MIKE CLARK, FERGUS FALLS

218.739.3393/FAX [email protected]

CONNIE GRISIM, STEWARTVILLE

507.533.8775/FAX [email protected]

DOUG GRISIM, LAKE CITY

651.345.4112/FAX [email protected]

TOM HEY, MARSHALL

507.532.4043 / FAX [email protected]

KEN INSELMANN, WILLMAR

320.235.2110/FAX [email protected]

STEVEN JANNINGS, ALBERT LEA

507.373.1467/FAX 373.2714

[email protected]

BRIAN KOCH, WACONIA

952.442.3370/FAX [email protected]

JIM KOONST, BELLE PLAINE

952.873.2362 / FAX [email protected]

GAYLEN LENZ, LAKE CRYSTAL

507.726.2832/FAX [email protected]

RUDY LUNDAHL, DULUTH

218.724.1707 / FAX [email protected]

ROGER MILLNER, ANNANDALE

320.274.8313 / FAX 274.8027

[email protected]

CHARLES PETERSON, JR., ANDOVER

763.450.5385 / FAX [email protected]

JIM SCHIFFLER, MINNEAPOLIS

320.266.1312 / FAX [email protected]

JOSH SCHIFFLER, CROSBY

218.546.6156 / FAX [email protected]

LINNEA WEIDA, LITCHFIELD

320.693.3292/FAX [email protected]

The OperatorMISSION STAT E ME NT:

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OPERATORS ASSOCIATION WITH

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CO-EDITORS:

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JONAS

LAYOUT & DESIGN: SHARI DANZEISEN

VIEWS PRESENTED IN THISNEWSLETTER MAY NOT NECESSARILY REPRESENT THEOPINIONS OF THE ENTIRE MEM-BERSHIP OR ITS BOARD OF DIRECTORS.

PRESIDENT

DOUG GRISIM

FIRST VICE PRESIDENT

GAYLEN LENZ

SECOND VICE PRESIDENT

JIM KOONST

TREASURER

ROGER MILLNER

EX-OFFICIO

TOM HEY

From the PresidentDoug GrisimLake City Bus Lines, Lake City, MN

Page 3: June Newsletter

The 2nd year of the 87th biennial State Legislative Session has adjourned and legislatorshave gone home to begin to campaign in their newly drawn Legislative Districts. By the endof the retirement speeches and announcements 13 State Senators and 25 State HouseMembers have decided not to run for re-election. Some members had been elected only twoyears, some had been elected for decades. One of the most compelling signs that there isa new political movement in Minnesota is that many long term moderate members of the Min-nesota Legislature are being denied party endorsement by “tea party” activists within theRepublican Party. A new litmus test for a very limited government is causing many long term GOP legislators to retire or failto be politically endorsed by their party. In all 1 in 5 current legislators are retiring or are being retired.

With most civility gone after Governor Dayton’s first year in office, due to the heated rhetoric between the Legislative Majori-ties and the Governor, much was still accomplished. Democrats and republicans managed to find agreement on the man-agement of the 2.5 million acres of the State’s School Trust Lands. Joint cooperation, while fitful, returned the State’s finan-cial balance from $4.5 Billion deficit to a $1.0 Billion surplus. The Vikings Football Team, after 10 unsuccessful years, gaineda new Stadium. The State’s two race tracks won permission to add new games and tables to their facilities. A “tax the rich”movement began early in Session, and then fizzled out due to lack of legislative support. There were strong pressures toattempt to spend part of the State’s new surplus to pay back the k-12 school shift or restoring some of the Medical Assis-tance and Hospital cuts from last year. Those proposals failed.

The Minnesota State Patrol’s Office of Pupil Transportation Safety, Sargent Paul Davis and Lieutenant Brian Reu were veryhelpful and MSBOA really noticed and appreciated their efforts in support of issues important to MSBOA and student safe-ty. Their help in the passage into law of the new crossing arm standard and the adoption of the 2010 National School BusSafety Standards was significant. The new crossing arm standard will require all school buses manufactured for use in Min-nesota after 2013 to be required to have a front bumper crossing arm. MSBOA was also successful in passing into law theimplementation of the 2010 National School Transportation Specifications and Procedures updating the 2005 standards.The new proposed standards would affect five areas of school bus construction. These new specifications are if you installvideo monitoring cameras they shall be placed mid-cabin. Also, for new buses there are specifications for the colors of thefenderettes and the dimensions of the shape and length of outside front flashing lights, for new buses. The new law alsodeletes some requirements for cushion and seat depth and heights. Lastly, the law repeals the need for type III vehicles tocontain at least three red reflectorized triangle road warning devices and that Liquid burning "pot type" flares are not allowed.This bill drew some scrutiny from the Amalgamated Transit workers, who believed the camera provision would affect transitworkers and their ability to bargain for their worker’s rights. This proved to be unfounded, but it does go to show the levelin which SEIU and other unions are reviewing bills on behalf of their membership.

In the House Transportation Policy Bill, HF 2685, was an item of interest to MSBOA. We have been working to have thesame Federal requirements for drug and alcohol testing for Type III vehicles that applies to A, B, C, and D buses. The lan-guage would have super ceded State Law and would have all school vehicles under the same drug and alcohol standard.I had a long phone conversation with a gentleman from the Railroad Workers Union regarding this issue. He had wrongful-ly believed that MSBOA was attempting to alter Federal Code affecting Railroad workers drug testing requirements. Aftermuch conversation, he reluctantly agreed that we were just referencing a Federal drug testing code, not amending one.However, before he got the facts, he had contacted State Legislators and staff expressing his false interpretation. He agreedto back track and tell all the folks he had contacted that he was incorrect. This provision was not included in the final billsigned by the Governor. In large part because the Service Employee International Union did not want their employees sub-ject to a Commercial Drivers’ License standard of “one alcohol or drug violation and you are fired.” SEIU has agreed to workwith MSBOA for next session to adopt a CDL like standard we can both agree on.

Last year, the Minnesota Department of Education changed, through State Statue, the allowable reporting methodologiesfor School Districts reporting student transportation costs. The law change removed two methodologies for Districts to reporttheir costs for transportation as provided by school bus contractors. This appears not to affect the actual reimbursement tocontractors, and would only reflect the Districts’ reports to the MDE. However, MSBOA wanted to retain the some of theprevious reporting methodologies. The St. Paul School District and the Minnesota Pupil Transportation Association felt thefewer options were helpful. MAPT later, through discussion within their association did support reinstating some of the pre-vious reporting options, albeit reluctantly. After a hearing in the House Education Committee, in which MSBOA lobbied toreturn to some of the previous reporting standards, the House ultimately determined to maintain the new and fewer report-ing options.

Continued on Page 5.

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Legislative UpdateBy Tom Keliher, Keliher Government Affairs Consulting, LLC.

Phone (612) 723-5168 • Email: [email protected]

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Office of Pupil Transportation Safety Stakeholders Meetingwas held on May 7, 2012 in Mendota Heights

Tom Keliher, MSBOA Lobbyist –

Governor signed the 2010 Standards and the Crossinggates bill.

DPS thanked both associations for their help getting throughtheir first session together.

HF 1670 – Currently not in the Transportation omnibus billthat was produced on Saturday May 5th. Allows conformitybetween Type III drug and alcohol testing and CDL driverlaws. SEIU had issues with the way it was worded but feltthat they could come to a consensus.

Hearing occurred on the reporting methods for transporta-tion cost reporting, Melcher testified neutrally. Did not getpicked up in any omnibus bills.

Diesel #1 exemption continued for a couple of years.

Booster seat bill requiring boosters in Type A buses under10,000 pounds is in Transportation omnibus bill. Discussionabout the new buses with the adjustable belts that weredesigned to be used without a booster, will they now need abooster? DPS will study.

Brad Lundell, MAPT Lobbyist-

Resident district, homeless definitions were clarified, PSEOlanguage was expanded to include 10th graders and mustapply to colleges for transportation. SF 2602 Care and

Treatment language needs attention, expands parent rightsand could have tremendous cost implications. Looking at a+1 Billion deficit, funding will be hard to get. Will apply to stu-dents that get drug and alcohol treatment. Some districts willbe only transporting when there is a school component, butparents are often choosing treatment options that aren’t theclosest options.

Fox9 Distracted Driver/School Bus Piece

First Student cameras, Sunburst Transportation interviewed.Positive image for school buses, thanked industry for help.

Iris scan – biometrics –

3 buses in Marshall are testing, going fairly well, someissues with mounting. Parents are emailed within 1 minute ofthem getting on the bus. Driver gets notified that 33 studentsgot on, but only 32 got off. If bus is involved in a crash, theywill have a list of who is on the bus. GPS capabilities. Ifthere is a school lockdown, the parents can be notified thattheir student is at alternate location.

Sgt Paul Davis –

FYI - Interim stickers do not cover wheel chair that still needsto be inspected.

Investigation on Maltreatment of a child. Will result in formalcharging of driver. Overlapping issues with MDE on whenthere is mandatory reporting. Will report at later date.Seeing some Prom party bus issues.

As of 8/1/12 – no more requirement for emergency trianglesin Type III vehicles.

Meeting with Senator Howe (Red Wing) regarding poten-tial changes to Type III standards. Wants volunteers anddoes not want annual training. Will meet again on Thurs-day, May 10th .

Sgt Dauffenbach – please request early for August pre-sentations. If calling a couple of days in advance it is notgoing to happen.

Sgt. Senenfelder – Investigation of suspicious driver files,not doing evaluations, but filling out the paperwork assuch. Golf coach cited acting as a Type III van driverwhile on the phone and holding a clipboard. Repeated theSafety and Compliance session with 39 district trans-portation officials in conjunction with Lake Services AreaCoop.

Continued on page 8.

4Office of Pupil Transportation Safety

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Legislative UpdateContinued from Page 3.Other items of interest are that #1 Diesel will continue to not be blended with Bio-Fuels during the months of Novemberthrough March. Even though Archer Daniels Midland came to the State Capitol in an effort to remove the exemption, it seemsthey are big in the Bio-Fuels industry and wished to sell more Bio-Fuels in the cold months. Type III Buses and booster seatswere an issue again at the Capitol this year and last. The Department of Public Safety will receive an additional $400,000 inFederal monies for booster seats. School buses weighing less than 10,000 pounds will now fall under the booster seatrequirements. This change was in order for DPS to access the Federal dollars, which the Legislature felt was important toaccess those funds.

Lastly, MSBOA and the Minnesota State Patrol haveagreed for the time being that continuing the points sys-tem for bus inspections will continue for the near futureand the Patrol will not attempt to move to a Pass/ Failsystem that many MSBOA members oppose. As alwaysif members of MSBOA would like to talk further aboutissues, or have comments or thoughts, please feel free tocontact me at [email protected].

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Pre-Trip Inspection DVDLooking for new training ideas for your current drivers? Looking to update someof your old training materials for new drivers? Look NO FURTHER!!! In 2008,MSBOA partnered with MAPT to create “Inspecting Your School Bus” DVD in HD.

Copies are available for immediate shipment. Please find the order form insert-ed into this issue of The Operator. Proceeds from this video go to fund new safe-ty projects for MSBOA.

Have a GreatSummer!

Even though we all knowin this business, it can bejust as busy in the sum-mer as it is during the

school year!

Page 6: June Newsletter

See You at theConference!

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ing both in St. Louis Park and now for Vision Transportationhas given me a true look into what a transportation systemdoes and the amount of time that goes into planning a systemthat is easily overlooked. Hearing the early morning phonecals, viewing the complicated bus routes, and attending multi-ple “take your child to work days” has allowed me to developa new appreciation for school transportation. Teamwork,problem solving and quick thinking is vital in school trans-portation, being that many children rely on the school bus toget them to school and home safely on a regular basis. Beingable to see this first-hand has made me respect all of the ele-ments that make up the school transportation system.

One of Kendra’s teachers write, “Kendra has demonstratedthat she has the intellectual ability, written expression of ideas,problem solver qualities, and overall work habits that she willneed to exceed in the future.

Kendra has also been a peer tutor in my classroom. Duringthis time, Kendra has demonstrated leadership qualities bytaking the initiative to help other students who struggle inmath...I strongly recommend Kendra Burr. She is a bright,personable, and determined individual.”

others, and learn to stay seated watching everything outthe window.

...I made alot of memories by being ‘the kid whose parentsowned the buses’. When things weren’t the way peoplewanted them my sister and I always heard about it...I lovedgetting up early to check roads with Mom and Dad. In fact,this is a memory that will be with me forever.

Along with my memories were many sacrifices. My parentsspent many hours working very hard to build not only theirbusiness, but relationships in the community. This meantthat they would volunteer time after hours, drive trips onweekends and evenings and I would not see Mom or Dadbefore I went to bed...Some nights I would be on a teambus and I would get off with my team, then wait for my dadto clean the bus and return to get me ‘because that was hisjob’.

...My life has been surrounded by school buses. My par-ents have made the kids in Lake City their most preciouscargo. They have gone out of their way to serve our com-munity. As my senior year comes to an end, I will takemany good memories with me and I will never forget howproud my parents made me because ‘IT WAS THEIRJOB!’”

Joe Beaton Scholarship WinnersContinued from Page 1.

Kendra Burr Continued: Rusty D. Grisim Continued:

Page 7: June Newsletter

Life Lessons Learned fromDriving a School BusKindergarten: Treat everyone as a friend. Kindergarten students are the best at this. When they spot someone they justmet they will yell out, "Hey! There's my friend!" Imagine if everyone acted that way.

First Grade: Hold Hands. Very young elementary students have no problems showing how much they care about oneanother.

Second Grade: Be Honest. Okay, maybe 7 year olds can be a little too honest when they compliment you on your "squishy"tummy or your "giant head", but you can't doubt their sincerity.

Third Grade: Yell Out "I love this!" or "This is my Favorite!" at least once a day. Be joyful and enthusiastic for each day!

Fourth Grade: Be proud of your work. No matter if it is a styrofoam solar system or the job you have been doing for thepast 18 years.

Fifth Grade: Don't let others hold you back. Around 5th grade most kids figure out that someone else may be a faster run-ner or better at drawing, don't let that hold you back from trying.

Sixth Grade: Slide In! Don't let your fear of meeting new people keep you on the edge of the seat. Stay open to meetingnew people and new experiences.

Seventh Grade: Speak up to bullies! Your silence doesn't help anyone.

Eighth Grade: Don't let the opinions of others dampen your spirit. Other's opinions of you are not your business. Those opin-ions have precious little to do with you, they are only a reflection of the person giving theopinion. Let your light shine.

Ninth Grade: Don't be afraid to recreate yourself. Try a new hairstyle, new hobby, newcareer path.

Tenth Grade: Yes, that boy/girl likes you! Don't let your inner voice tell you that you areunworthy of love.

Eleventh Grade: Plan for the future. Where do you see yourself in 5 years? 10 years?What is your passion? Where are your talents? These are all great questions that youshould ask yourself periodically, not just when you are deciding on colleges and careers.

Twelveth Grade: Life is short. One day you are picking up a bright eyed 5 year old forthe first day of school and the next you are seeing a handsome young man or womanready to make their mark on the world. (Let's not talk about the day you figure out youare picking up the 2nd generation just yet!) You will never be as young as you are today.Enjoy the moment!

Lastly, don't underestimate the power of a big smile and a friendly hello to the people yousee along the way. Small kindesses go far and it's a great way to start each and every-day.

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Page 8: June Newsletter

Crossing gate question: whether or not a failure puts the busout of service. At this point, no. Sgt. Davis and Lt. Reu wouldlike to see a core group to help rewrite the rules. It is cur-rently not part of the inspection process. It has to work onannual inspections, but that if it goes down on a route, get itworking again.

Sgt. Bartles – Very excellent turnout on Safety and Compli-ance. Thanks to Doug Grisim for bringing that forward.Thanks to Deb and her office as well for their help.

Two incidents on prom event with school bus drivers whoweren’t wearing glasses when their license requires. Onedriver said that he had lasik and it still showing up on license.Drivers need to check at renewal.

Assigned new inspector Jim Elling to South Metro area. Lt.Reu found Care and treatment center using unauthorizedvehicles to transport to schools. Actively doing randominspections: In 528 unannounced inspections, 194 violationswere found (could be a torn seat to clearance light), 30buses were put out of service. Lt Reu wants to continue theprocess, so they will be out there.

Updates to OOPTS website – Model School Bus DrivingTraining Manual was broke into sections. Unit VII will covertrailers, there is a group working on putting that together.Looking for hydraulic brakes for photo, fwd to Sgt. Davis.

Type III has been completely redone – spearheaded by Kalafrom Brainerd. Powerpoint has been reworked (40 slides) gotaway from the pictures. Made it more user friendly.

Train the trainer – Sherry Case picked up the ball from DaveDelmonico. Will forward pdf to MSBOA.

New Business –

Driver and Vehicle Services – Deb Carlson – Candidatesgetting school bus license that have been residents less than5 years, finger print fee reduced to $21.50. Sixteen days out

on issuing driver licens-es. Med certificationsare current, make surethe document is com-plete before faxing.Downgrade process isworking well, old sys-tem was not turned offinitially, so some dri-vers got letters with acode HCS near the top.Should be resolved.Field offices cannot put

the endorsements back, working toward automation. Someschool bus drivers were selecting category 2 or 4. FMCSAreleased final rule goes into effect May 21, for certified med-ical examiners. Doesn’t matter type of medical examiner,they just have to be certified.

Reviewing process on process on how to get a driverlicensed. Finding that new hires are not filling out BCA. Mayput together a flyer or brochure.

Kathy Childs in charge of training and 3rd party examiners.Scot Kester made Region 8 supervisor. Detroit Lakes posi-tion available, expecting 7-8 new examiners.

MDE – Kelly Wosika – Subscribe to their website page, andyou will get an email when they make changes to their web-site. Revenue and Expenditure report available. You cansee if you are using more or less than your transportationallocation. Tom Melcher wrote an explanation.

Fiscal 12 report notification and school bus inventory reportwill be going out.

Minneapolis High School students using transit buses. FrankZeman reported that principals wanted to offer a zero hourfor students to come in early, or stay late for extra tutoring.Chose to go with a transit pilot program with 5 schools. Nottrying to save transportation dollars, it is all educationalneed. They are not adding stops. Not changing bell times.Special needs will stick on the yellow bus. Zeman stated thatthey are not cutting any school routes. Students will ride onregular scheduled routes, some changes to Nicolette stopand Edison stop.

MAPT – Summer Conference June 13th, Road-e-o Duluth,TTT July 10th – 13th.

MSBOA Conference – June 10-13 at Chase on the Lake,Walker.

Sherry Case is promoting ROAD-eo dinner for workers onSaturday.

Keith Paulson - TSA coming to Anoka Hennepin for baselinesecurity assessment. Interview questions on securement,hiring practices, if they learn anything, they will bring it for-ward. Reporting procedures and DVD available for schoolbus driver from TSA.

Next meeting date – September 24th will be held at MDE 9a.m.

Meeting adjourned at 11 a.m.

8

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Office of Pupil Transportation SafetyContinued from Page 4.

Page 9: June Newsletter

Minnesota Supreme Court ExpandsCause of Action for Sexual HarassmentOn May 16, 2012, the Minnesota Supreme Court held that a cause of action exists under the Minnesota Human Rights Actfor a hostile work environment based on sex even in cases where the alleged conduct was not sexual in nature. LaMontv. Independent School District #728, Court File No.: A10-0543 (Minn. May 16, 2012). Before this ruling it was unclearwhether someone needed to be subjected to sexual harassment at work in order for the workplace to qualify as “hostile”for purposes of bringing a legal claim against an employer. The LaMont case makes clear that any mistreatment of anemployee based on gender creates a hostile work environment as long as the mistreatment is “severe and pervasive.”

In this case, the Plaintiff, Carol LaMont, was a night custodian at Elk River High School. Her supervisor, Doug Miner, reg-ularly voiced his disapproval of female employees. He told a male employee that he did not want any women on his crew,made innuendoes about his sex life with his wife, and said, “[w]omen have their place. You’ve got to keep them in theirplace.” In addition, Miner differentiated female workers from male workers. He required female custodians to check-in viaradio more frequently, physically separated the work areas of the men and women, prohibited female custodians from talk-ing unless they were on breaks, and instructed the male custodians not to talk to the female custodians. Miner claimedthat all of these instructions were intended to make the employees more productive.

LaMont twice reported Miner’s comments and conduct to the school principal and to her union steward. Although the prin-cipal promised to monitor the situation each time and did go so far as to hire a private investigator to look into the com-plaints, no noticeable action was ever taken to change the situation. The private investigator’s report noted that he doubt-ed LaMont’s credibility and he found her complaints meritless.

Eventually, when no improvements to her work environment were made, LaMont filed alawsuit against the school district, alleging a hostile work environment based on gender.The lower courts found for the school district because, since Miner’s comments did notqualify as sexual harassment (as defined by Minn. Stat. § 363A.03, subd. 43), the workenvironment could not be hostile. The Minnesota Supreme Court overturned the lowercourts, ruling that sexual harassment is not a necessary component of a gender basedhostile work environment claim. It noted that the purpose of the Minnesota Human RightsAct is to, “rid the workplace of disparate treatment of female employees simply becauseshe was born female.” However, the court also ruled that the conduct in this case did notrise to the necessary level of “severe and pervasive” conduct necessary for a hostile workenvironment claim and, as such ruled for the school district.

The LaMont case effectively expands sexual harassment causes of action againstemployers to situations where the conduct is not sexual in nature, but rather based uponone’s gender. Thus, harassment based on gender alone can now lead to liability foremployers.

In order to avoid or minimize liability, employers should promulgate policies that prohibitharassment based upon any protected class, such as race, age, religion, etc. Employersshould also provide periodic harassment training to employees and managers to minimizetheir legal exposure. A good time for such training is at start up meetings before theschool year commences. Finally, employers should take all complaints seriously, investi-gate them, and take prompt remedial action when necessary.

Legal Notes 9

HOTLINE PHONE: (952) 921-4622

BY THOMAS REVNEW, ESQ., OF SEATON, PETERS & REVNEW

Best Values:

• Legal Hotline for MSBOA Members

• Employee Handbook & Employment Materials Package $875(Includes 2 hours of attorney time - hourly rates thereafter)

• Drug & Alcohol Testing Package $425

Ask for MSBOA Discount of$100 off above packages

Contact Tom Revnew

7300 Metro Blvd., Suite 500 • Minneapolis, MN 55439Tel 952.896.1700 • Fax 952.896.1704

www.seatonlaw.com

Page 10: June Newsletter

Vintage SchoolBuses for Sale1959 Ford/Wayne V8. Full seats. MN Title1960 Ford/Ward V8 Motor runs. Has seats, MN Title.1964 Chevy/Thomas Straight 6 runs. Has seats, MN Title.1967 Ford/Ward V8 Motor Runs. Has seats, MN Title.1976 Ford/Ward V8 Motor Runs. Has seats, MN Title. 19,000 miles.All buses came from a fleet in Western Kansas.

Call for more info and photos.

[email protected] or 320-252-1807

10

PLEASE WELCOME THESENEW ASSOCIATE MEMBERS!ThermoKing Sales & ServiceWe sell & service Espar E-Guardian school bus products.We have locations with service trucks all over the state to do mobileinstalls and service on Espar bus heaters. For more information contactJessie Hays at 651-633-2820 [email protected] or www.tkstp.com

Minnesota Propane AssociationA nonprofit organization established in 1948. Promotes industry growthand the safe use of propane through industry education, safety programs& events. For more information contact Roger Leider at 763-633-4271 [email protected]

Gate-Keeper SystemsInstalled in over 70,000 mobile applications, Gatekeeper digital imag-ing recording platforms and analysis software technology is recognizedglobally for recording high resolution video integrated with GPS andvehicle sensor data in harsh mobile environments.

Page 11: June Newsletter

Back by Popular Demand: Sh-Boom Playing at Summer Conference

Sunday, June 10, 2012 9PM-Midnight

502 Lounge at Chase on the Lake

Remember when classic cars weren’t classic but new? Remember when girls wore ponytails, poodle skirts, bobby socksand saddle shoes; and guys wore penny loafers, blue jeans, ducktails, and crew cuts? Then get ready for a cruise downmemory lane as Sh-Boom takes your back to the days of hot cars and hot harmonies by performing great oldies from the50’s and 60’s.

Sh-Boom was formed in 1989 by Kathy Sue Moland and Linda Lou Talbot, and they are still the driving force behind thisband. Sh-Boom’s animated on-stage antics and their musical talent make this 6 piece show band as much fun to watch asthey are to dance to. Tight harmonies, excellent musicianship, and outfits reminiscent of the 50’s era makes Sh-Boom a pre-mier attraction in northern Minnesota, Wisconsin, and Michigan.

Your feet will tap to the beat and you won’t be able to sit still in your seat because the funis infectious. The 50’s and 60’s are alive and well and Sh-Boom is the perfect exampleof why the lyrics “rock & roll will never die” will always ring true with this amazing group!

Band Members:Kathy Sue Moland - Keyboards, Saxophone, VocalsLinda Lou Talbot - Lead Trumpet & Vocals, PercussionGary “Bumpa” Williams - Drums & Percussion, Lead VocalsRudy “Lightning Licks” Lundahl - Lead Guitar, Lead VocalsKeith “El Primo” Paulson - Rythm Guitar, Keyboards & Vocals“Dyno” Dave Lindemann - Bass Guitar, Lead Vocals

Don’t forget, MSBOA’s own Rudy Lundahl is part of this fun and talented group! It’s beena few years since we have had them play at a conference. Get ready to let your hairdown, and have fun celebrating the end of another successful school year!

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Register for the upcoming summer conference today...

Agenda with online registrationinstructions are included

in this issue!!!

Page 12: June Newsletter

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02

From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Legal Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

Office of Pupil Transportation Safety Minutes . . . . . . . . . . . . . . . . . . . . . . .4

MSBOA PlannerSave these Dates!

Minnesota School Bus Safety CommitteeMeets 3rd Weds. of Every MonthLocations VaryContact: LeAnn Livingston 651-982-8193

Transportation Issues Study CommitteeMeets 4th Weds. of Every MonthContact: Keith Paulson 763-506-1132

Office of Pupil Transportation StakeholdersQuarterly Meetings Held, Dates VaryContact: Lt. Brian Reu 651-405-6047

June 10-12th, 2012 MSBOA Summer ConferenceChase on the LakeWalker, MN

January 18-19, 2013MN School Bus Safety ExpoCrowne Plaza & St. Paul River CentreSt. Paul, MN

June 9-11, 2013MSBOA Summer ConferenceChase on the LakeWalker, MN

Northern Region

Sergeant James SenenfelderNorthern Regional TrooperPhone (612) 360-5172E-mail: [email protected]

Metro Region

Sergeant Paul DavisMetro / Central Regional TrooperPhone (612) 685-4820E-mail: [email protected]

Southern Region

Sergeant Chad DauffenbachSouthern Regional TrooperPhone (507) 430-0791E-mail: [email protected]

MN State PatrolContacts

Listed to the right is contact infor-

mation for the state troopers in

charge of school bus transporta-

tion.

Use this contact information!

They are ready to help with any

questions or concerns you may

have!

In This Issue: