knutson open records

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Gibraltar Area Schools ggg+ Hwy.4r, Fish Creek, WI 54zrz-9755 Phorre: geo-B6B-3e84 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. Kirk Knutson's resignation letter. 2. The severance package Kirk Knutson was given for resigning now. 3. Any and all documents he was given or shown outlining an altemative scenario to resignation. 4. His employment contract effective for the 2014-15 school year. 5. His last five performance evaluations. 6' 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.

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The cover letter of Superintendent Tina Van Meer’s response to the Door County Advocate's open records request of Dec. 5; the resignation agreement, which includes Kirk Knutson’s short resignation letter and Van Meer’s letter of recommendation; the latest revision of Knutson’s employment contract for 2014-15; former Superintendent Stephen Seyfer’s “evaluation and commendation” of Knutson from June 2012; and Knutson’s Nov. 24 email to Van Meer and School Board President Fred Anderson.

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Page 1: Knutson open records

Gibraltar Area Schoolsggg+ Hwy.4r, Fish Creek, WI 54zrz-9755

Phorre: geo-B6B-3e84 Fax: 9zo-86B-27L4 www,gibraltar.hn.wi.us

December 23,20L4

VIA U.S. MAIL

Mr. Warran BluhmNews EditorDoor County Advocate235 N. Third AvenueSturgeon Bay, WI 54235

Re: Request for Public Records - Gibraltar Aren Schools

DearMr. Bluhm:

I have received and reviewed yorrr request for the follorving:

1. Kirk Knutson's resignation letter.2. The severance package Kirk Knutson was given for resigning now.3. Any and all documents he was given or shown outlining an altemative scenario to resignation.4. His employment contract effective for the 2014-15 school year.5. His last five performance evaluations.6' 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 telephonenrrmbers and Social Seourity numbers have been redactld as required by Wisconsin Statute Section19.36(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 presentedin the parties' negotiation of a tiual resignation agreement (severance package). The resignationagreement dated Deceurber 8, 2014 is tho agreement between Mr. Knutsor and the District. No otherdocuments that constitute "fecords" under the Wisconsin Public Records law subject to disclosure weregiven or shorvn to the records subject that outlined "alternative scenarios". To the extent any otherdocument exists, it is not subject to disclosure because it is attomey-client privilege and attorney workproduct and rvould otherwise constitute a draft document. (See Wis. Stat.$ 804.0i(Zxc)t; State ex rel.

Page 2: Knutson open records

Mr. Wanen BluhmDecenrber 23,2014Page 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 WisconsinStafutes Section 120.12(2m), Mr. Knutson's ourrent evaluation prepared under the new EducatorEffectiveness law is not subject to pubtic inspection, copyittg or disclosure under the state public recordsIaw and thus can:rot be disclosed pursuant to law. For reference, the agendas of the meeti[gs related tothe Educator Effectiveness Process have been disclosed and are enclosed as part of the responsivedocuments.

Regarding the response to #6, above, there are two documents that have a name redacted. The redactionsare found in the email exchanges betweerr Mr. Knutson and Superintendent Van Meer (dated September2-3 and Septetnber 5,2014). The name of arother employee is redactecl for the following reason: Basedupou the balancing test, the public interest is better served through uon-disclosure, as compared todisclosure, because it identifies and relates to the work perfonnance of an employee who is not therecords subject and is a member of the staff who has no policy nraking or management authority. Theeruployee is not a prominent public official or official in a position of authority, and, on that basis, theemployee should have a higher expectation of privacy regarding his or her personnel-related employeerecords. Ll'isconsin News Press, Inc. et.a[. vs. Sch. DLtt. Of Sheboygan Falls, et. al., 119 Wis.Zd 769, 564N.Wr.Zd 143 (1996). Consistent with the public policy set forth at Section 19.8S(1)(c) and (0 of theWisconsin Stahrtes, the two email documents contain performarrce data related to an employee overwhich the Board of Education of the District has jurisdiction and exeroises responsibility and personalhistory which, if publically disclosed, will be likely to have a substantial adverse effect upon thereputation 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 toexempt record provisions is subject to review by mandamus under Wis. Stats. $ 19.37(1) or uponapplication to the Attoniey General or a district attomey.

Sincerely, I-rt' \ i/lrr^ Vo^Tina VanMeerSuperintendentGibraltar Area Schools

Page 3: Knutson open records

RESIGNATION AGREEMENT

This Agreement is entered into by and between the Gibraltar Area Schqol District, ("Distriot") andKirk 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 employmentof the Employee;

NOw THEREFORE, the parties agree as follows:

1. The Employee lenders and the District acceptswith the District, immediately, This resignationEmployee resignation letter,

the Employee's resignation from his positionis irrevocable. Attached as Exhibit A is the

2. The District agrees that resignation from the Employee is in lieu of termination and that hisresignation 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 ofWisconsin Statules $ 108.04(5) anci $ 108-04(59). Consequently, the Districtwillsupporl theE mployee's application for unemployment compensation,

3. The District will compensate the Employee lor his salary at his current rate of pay through June30,2016, Wlth the exception of health and dental insurance noted below in paragraph 4, theEmployee will not be enlitled to any other District-paid benefits.

4. The Employee may continue to participate in the District's health and dental insuranceprograms through August 31, 2015 and will contribute 12o/o loward the health and dentatinsurance premiums if he so chooses to padicipate. Thereafter, the Employee may continue ioparticipate, 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 andWis. Stats. 5895.487. Alt inquiries related to future jobs for the Employee wlll be referred totho 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 thebasis of or related to any action taken by the District with regard to his employment prior to thedate ol this Agreement. The Ernployee will not file any cornplaint or claim of any type before acourt or administrative agency of any type. arising outof, related to, concerning, or in anywayconnected wiih his employment by the District prior to the date of this Agreement, except asmay be necessary to enforce the terms of this Agreement, The Employee will not contest orpermit any agent on his behalf to contest the terms of this Agreement- lf the Employee or anyperson on his behalJ does {ile any grievance or any olher complaint, clalm or action related tohis 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 Districtfor all payments under paragraph 3 and 4- ol this agreement.

7. Under the terms of this Agreement, ihe Employee, for himself, his heirs, administrators andassigns, 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,

Page 4: Knutson open records

B.

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from all clairns, rights, causes of action, damages and demands whatsoever, includlng, but notllmited 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 CivilRights Act, the 1991 Civil Rights Act, the Age Discrimination in Employment Act of 'l 967, asamended, the Older Worker Benefit Protection Act including acknowledging the provision ofthe seven and twenty-one day consideration periods and specifically electing to voluntarilyexecute this agreernent consistent with the signature date, and the Wisconsin FairEmployment Act; breach of contraci; libel; slander; personal injury, known or unknownincluding claims of defamation; damages; costs or expenses of any type including attorneyfees, 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 theEmployee by the District, except as may be necessary to enforce this Agreernent, This roleasedoes not include a release of claims after the date of this Agreement.

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

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

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

The terms of this Agreement will not be considered by the District as precedent or asestablishing the terrns of a past practice with regard to future disputes between the parties ofan identical or related nature, if any.

This Agreement constitutes the complete understanding belween the District and theEmployee concerning all matters addressed herein. This Agreement resolves all issuesrelaled to the Employee's employment with the District. This Agreement shall supersede allprlor agreements, understandings and practices concerning such matters including, but notlimited to, any collective bargaining agreements, personnel documents, handbooks, policiesand any prior custorns or past practices of the District.

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

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Page 5: Knutson open records

tN WITNESS THEREOF, this Agreement has been executed on the dale herein specified and thepersons 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 GIBRALTARAREASCHOOL D]STRICT:

Kirk KnutsonBoard of Education

Page 6: Knutson open records

Exhibit A

Noyember 24,2014

Mrs. Tina Van MeerDistrict AdministratorGibraltar Area School DistrictFlsh Creek, W!54212

Dear Mrs. Van Meer,

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

Respqrtfully subtrr itted,K/n'zfrl-.'Kirk R. Knutson

Page 7: Knutson open records

Exhibit B

Gibraltar Area Schoolsg9z+ 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:

I am 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 theopportunity to work with Kirk as part of my administrative team for the past two years.

Dr, Knutson is an educational leader, Many principals are good managers of staff, resources and studentissues. 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 staffandstudents. Dr. Knutson is a results-oriented leaderwho manages effectively and efficientlythe politicalpressures for tougher standards, higher test scores and greater accountability while at the same timeupgrading academic performance for all students.

Being in education for over twenty-four years, I have worked with many people with a wide variety ofbackgrounds and skills. I have been impressed with Dr. Knutson's knowledge of best practice, his abilitytoirnplementnewinitiativesandhispassionforeducation. Heisapersonwhoisalwaysreadyforthenext 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

Page 8: Knutson open records

RevisedContract for 7 - LZ Principal

School Year ZAL4-2015

It ls Hereby Agreed by and between the Board of Education of the School District of GibraltarArea, located in Door County in the State of Wisconsin, (hereinafter called the Board) and KirkKnutson (hereinafter called the Principai) that the said Board, in accordance with its actions asfound in the minutes of the meeting held on April 28, 2014, has and does hereby employ saidKirk Knutson as 7-12 Principal of the School District of Gibraltar Area for the first year of a two-year contract, commencinE July 1,2014. Both parties agree that said employee shall perforrnthe duties of the Principal in and for the public schools in said District as prescribed by the lawsof the State of Wisconsin and by the rules and reguiations made thereunder by the Board ofsaid District.

That in consideration, a salary base of $113,306.93 (one hundred thirteen thousand threehundred six dollars and ninety-three cents) shall be paid in compensation for duties as 7-12Principal. 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 thousanddollars) shall be paid on July 15, 2014, in compensations for successful completion of theFramework for Teaching Froficiency Test and earning certification in the Framework forTeaching Evaluation lnstrument.

Notice of contract renewal or non-renewal for the 2015-16 school year shall be provided prior toMarch 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 theWisconsin state retirement system; the IRS Business Use Rate for use of employee automobile;attendance at local and state educational conferences; attendance at national conference onalternate years; and state and professional dues. Twelve (12) days of Paid Time Off areprovided, 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 EveDay, Christmas Day. ln addition, the Employee is provided a district-paid single membership tothe Northern Door YMCA.

Upon retirement of Kirk Knutson, the School District of Gibraltar Area shall pay 88% of healthand 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 andappropriate certificate to act as Principal in the State of Wisconsin as directed by the Board andthat the Principal hereby aErees to devote his time, skiil, labor, and attention to said employmentduring the term of this contract. '

The Frincipal shall be responsible directly to the Superintendent and the Board. He shall carryout the duties of fhe Frincipal as stipulated in the Board of Education Policy. ln return, theBoard, individually and collectively, and the Superintendent will refer promptly all criticisms,

Page 9: Knutson open records

201 4-15 Principal ContractKirk Knutson

Page 2

complaints, and suggestions called to their attention to the Principal for study andrecommendation.

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

Failure to fulfill the obligations agreed to in this contract will be viewed as a violation of thePrincipal's Code of Ethics and will be reported by the Board to the appropriate state associationand state educational authorities.

ln Witness Thereof, the parties have set their hands and seals this 28th day of April,2014.

Principal Board of Education

Page 10: Knutson open records

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

Phone : geo - 86 B- gz 84 F*x : ge 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 schoolaction 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 asDr' I(nutson' Across the foufteen years of our work togethei, I have observed seveiai prot-essional traits that haveled to- his being principal of one of the finest high schools in wisconsin. First and foremost, is his professionalgrowth as an instructional leader. The relationship between a principal and a faculty for the iurposes ofinstructional improvement is precarious at best. It begins with an adrninistrative function oi supervision and all ofthe seeming contradictions between a teacher's academic freedom to teach and school district,i accountability foistudent perfotmance. Dr' Knutson has crossed through this dilemma on the merits of his insistence upon a quatiteducation for all students.

I commend his building of a scaffolded curicular program that meets the needs of students who have high to lowacademic ambitions as^well as high to low personal commitment to education. Dr. Klutson is interested in eachstudent's preparation of a successful entry into life after high school and is dedicated to a curriculum that builds thatsuccess' He has beeninstrumental in developing the highichool's battery of Advanced placement courses throughhis encouragement of teacher preparation, validation of each teacher's curriculum by the College Board, anddiscussion with students and parents on the importance of a rigorous course of study. Equally, he has been forcefulin building an arts curriculum that annually attracts more than 85Yo ofhigh school students into art and./or musiccourse work' And, Dr. Knutson has been a strong proponent for the high scf,ool's business, marketing, technical andcareers-oriented curricula. His personal affinity for hands-on and praitical, utilitarian education is p'ortrayea in trisassurance that high school students have entry into the county's career and internship programs. The current highschool 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 studentperforrnance' This is porhayed in his study and-understanding of academic data as it clarifies the quality of studentlearning' He uses data from statewide and school assessmJnts, college preparatory assessments, as weil as therunning records of daily student work to project positive and powerful educational g"ui, fo. all students and then toguide individual students through their iducatibnal challenges. He uses performance data to congratulate andrecognize student achievement as well as to incite and prJmote the improvement of student efforts. He usesperformance data to connect teacher work to their students and to interpret student work to their parents. I commendand appreciate Dr. Knutson's leadership in viewing the quality of our schooling tkough a study of the data that iscreated by our schooling.

I commend Dr' Knutson's commitment to student performances in the arts, activities and athletics, as well asacademics' As a lifelong musician, he walks the witt of commitment to the arts as part of a student,s balancededucation' He is able to talk from experience regarding the study and performance of music and this createsimmediate credibility between _a

student and principal. ai a .o*p"iing adult athlete, he demonstrates by examplethe meaning and relationship of work and reward toour secondrry uthl"t., who see him in the training room as welltt 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,

Page 11: Knutson open records

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

I also commend Dr' Knutson's growth and commitment to instructional strategies. I have observed him take strongpositions with teachers on theirneed for engaged, standards-based instruction for all students. I have observed himtake forceful positions with teachers in guiding their improvement of, lesson planning and subsequent extended workwith individual students to assure that all students learn. Most recently, I commend his leadership in interpreting theneed for assuring that all students meet the school's and state's learning standards through continued and specificinstruction of underperforming students. He began by transforming a traditional high school study hall into astudent mentorship prograin and has continued with leadership of the secondary school's Response to tnterventioninitiative.

The counterweight to Dr. Knutson's passion for a quality education for all students is his compassion for everystudent' Inside the instmctional leader resides his experience as a school counselor and his care ofeach student as achild' It is impossible to observe Dr. Knutson in his daily work without seeing his connection to students. Hedemonstrably cares about each and every student and knows each student as an individual. Sometimes this is shownthrough his one-on-one meetings with students whose school challenges need the attention of a school leader whocares as well as his correcting student behavior in the hallway. irom the professional intimacy or p.rrorutcounseling 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 secondaryschool' He is quick and unhesitating in making parental contact in order tobring a school-parent partnership toaddress a student problem. He- is blunt with parenis in interpreting a child's needs. He is clear in upholding schoolexpectation and empathetic in ieading a child to find his place in Ihose expectations. He is kind in appreciating thechallenges that today's families face on many fronts and works wonders in assisting families to support their child,sparticipation 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 asecondary 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 everyschool board should want for its secondary school.

Respectfully,

Stephen Seyfer, PhDSuperintendent

Page 12: Knutson open records

'v a=

From: Kirk Knutson. jJSubject: FYI

Date: Mon, 24 Nov 2014 09;01:05 -0600 dTo: Fred Anderson <[email protected]*, Tina VanMeer <[email protected]>

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 oponpositions. Nothing rnay come of these applicat:.ons, but as the board president anci superint.en<ien.t, both ofyou 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 xnutsonSecondary school rrincipalGi.i:raltar Area Schools3924 tbny 42Fish Creek, \tr 34212www - gi.b::altar . k I 2 , wi . us