The School Board of Escambia County, Florida, convened in Special Meeting at 9:03 a.m. in the Board Room at the Administrative Building, 215 West Garden Street, with the following present:

Chairman: Dr. Elmer Jenkins

Vice Chairman: Dr. John DeWitt

Members:

Mr. Jim C. Bailey

Mrs. Barbara Morris

School Board Attorney: Mr. Louis F. Ray, Jr.

Superintendent of Schools: Mr. Jim May

Chairman Jenkins advised that he had received notice from Mrs. Vanette Webb, District 5, that she would be absent due to a previous engagement. The invocation was given by Dr. DeWitt, and the Pledge of Allegiance was led by Mr. Bailey.

I. ADOPTION OF AGENDA

Motion by Mr. Bailey, second by Mrs. Morris, to adopt the agenda, was unanimously approved.

II. ITEMS FROM THE BOARD

1. Horace Jones Settlement - Dr. Jenkins

After relinquishing the gavel to Dr. DeWitt, Dr. Jenkins stated that he wished to make several comments and then present a speaking motion. He stated that the Professional Practice Commission had cleared Mr. Jones of wrongdoing at Pensacola High School. He stated that last week a Board Member said that there was new evidence, and the Commissioner of Education sent an investigator who met with that Board Member, and found no probable cause to reopen the Jones case, so that was the second time the state closed the case and found no probable cause against Mr. Jones, and that was the second time he has been cleared. He stated that the District would be wise to bring the matter to a close, and if there is a hearing, it could cost the District over $3,000. He conveyed that Mr. Jones had stated that he was not requesting retroactive pay and would be satisfied to stay at his present pay grade and step of 15/6, although 18/3 would serve him better in the long run. Dr. Jenkins made the following speaking motion:

"The Commissioner of Education recently withdrew his earlier complaint to the Florida Education Practice Commission that Horace Jones be disciplined for his alleged mishandling of events that occurred at Pensacola High School during the 1995/1996 school year. In fact, the Commissioner has now concluded that based on a thorough Department of Education investigation, there is not even probable cause to believe Mr. Jones had any liability for those situations. It has now been almost two years since Mr. Jones was removed as principal at Pensacola High School and demoted because of those allegations and conclusions. I'm sure he has learned a lot from these incidents, and in two plus years, he has had a lot of time to think about what went wrong and what, if anything, he could have done to prevent it. He certainly has expressed his remorse for what happened and for the hurt he caused to many Pensacola High School students, faculty, and staff. I say it is time to put this all behind us and get on with paying attention to the real challenges of our public schools. I say it is time that just as the Commissioner has done, the School Board should publicly declare that based on what has been decided recently in Tallahassee, there is no longer any good cause to reject Mr. Jones from holding a high school principal job."

Dr. Jenkins stated that if the motion passes, Mr. Jones will drop his appeal and release the District from any and all liability for this unfortunate situation. Dr. Jenkins also expressed that the other two administrators who were involved in the PHS incident are in similar jobs at the same amount of pay.

Mrs. Morris seconded the motion for purposes of discussion. She stated that when the Board rejected the Superintendent's nomination, there were three Board Members who felt they had good cause. She commented that the Department of Education (DOE) has removed all charges against Mr. Jones, and the Grand Jury investigation did not cite him with any charges. She stated that she had read the depositions and two Board Members had said, at this point, they did not see that we had good cause, and one Board Member had commented that all they looked at was the Grand Jury investigation and did not look at DOE statements or findings of fact. Even though the Grand Jury did not charge Mr. Jones either, this individual felt they were going on the original recommendation and some of the original charges. Mrs. Morris emphasized that traditionally when employees have been cleared of charges, they were returned to their former position or to where the Superintendent had a place for them, and that was her reason for supporting Dr. Jenkins' motion at the last Board meeting.

Mr. Bailey commented that if there was any problem created among this Board, it was created by Dr. Frank Brogan. He stated concerning his deposition, that when he first voted, he felt he had good cause and made the right decision and he still felt that way; however, on the deposition he said if he had received the second letter from Dr. Brogan, Commissioner of Education, being the first letter, there would never be a hearing, because the Board had voted after receiving input from Dr. Brogan that there was probable cause, good cause. After that happened, Mr. Jones filed for a hearing, which put the Board in litigation, and Dr. Brogan then indicated there were no findings of coverup by Mr. Jones. He continued that the Commissioner of Education did his investigation and said to the Superintendent and this Board that Mr. Jones had been cleared; therefore, whether Mr. Jones has a hearing tomorrow or whether the hearing is withdrawn, Mr. Jones is now qualified as a principal in any county in the State of Florida. School Board Attorney Ray stated that was correct. Mr. Bailey stated that the hearing has nothing to do with whether or not Mr. Jones is going be a principal, but has to do with whether or not Mr. Jones is going to get back pay or be reinstated to the pay grade and step he had when he was a principal. He emphasized that as long as there is litigation, he would like to hear from the hearing officer, and if he states that Mr. Jones is innocent and recommends back pay and the pay grade and step that Mr. Jones had previously, he will vote accordingly; however, for Mr. Jones to be a principal of a high school in Escambia County, it would have to be recommended by the Superintendent.

Dr. Jenkins said Mr. Jones does not want to be a principal and he is not asking for retroactive pay. If he were a principal, he would be at pay grade 18, step 3 (18/3), but to resolve this matter, he will settle for his present pay grade and step, which is 15/6. He stated that Mr. Jones has no malice toward the District or Board Members who voted against him being principal at Woodham High School. He stated that Mr. Jones took the matter to court to have a hearing for two reasons, being that he wanted the three Board Members who voted against him to state why, and he wanted to be able to clear his name. He expressed that Mr. Jones brought back discipline at PHS and the children respected him, and there was no reason why this Board should wait and spend additional money in a hearing. If the motion passes today, there will be no hearing and this will be the end of this incident.

Dr. DeWitt commented that he had offered two compromises during this proposal. The initial compromise was proposed after the Superintendent's recommendation, that as of the effective date when Commissioner Brogan's letter came in clearing Mr. Jones, he would automatically be appointed to principal. He stated if that had passed, it would have resolved the issue, but that was rejected. He stated that at the last Board meeting he had expressed that he would support a motion to leave Mr. Jones' pay grade and step at 15/6, and the Board did not support that compromise. He stated that Mr. Jones filed the suit against the School Board, and Mr. Jones has the option of withdrawing the suit. He stated that he would not support a compromise at this point and that he would wait for what the court decides and support the hearing officer's decision.

Mr. Godfrey R. Knight, 6865 Pine Forest Road, Pensacola, Florida, 32526, discussed concerns regarding incidents that had occurred at Pensacola High School and decisions made by Mr. Jones when he was principal at PHS.

Dr. Jenkins expressed that Board Members should continue to vote their convictions. He noted there were two other administrators involved in events at Pensacola High School as well. Mrs. Morris discussed concerns that Mr. Jones has been falsely accused of a lot of things; however, after investigations by the DOE and Grand Jury, he has been cleared of the accusations.

The motion failed in a tie vote 2-2, with Dr. DeWitt and Mr. Bailey voting NO.

Mr. Ray announced concerning the hearing tomorrow that Mr. Bailey, Dr. DeWitt, and Mrs. Webb had been subpoenaed by Mr. Jones' attorney to appear at the trial. Mr. Ray stated he would advise as to times to appear, after Mr. Jones' attorney advised as to invoking the rule. It was noted that the Superintendent was also subpoenaed. Mr. Ray advised that the hearing officer is going to come up with a recommended order for the Board to either adopt or not adopt, and he recommended that the Board Members who were not subpoenaed should not attend, in order to avoid any appearance of having become biased or prejudiced in the process. Mr. Ray stated in terms of keeping his clients informed, he has tried his professional best to satisfy the needs of all Board members. He stated that Mrs. Webb has required a great deal of his time in the preparation of this case, and this morning she requested copies of all of the subpoenas that he had issued plus copies of the deposition of Horace Jones. He stated that he had advised Mrs. Webb and the Board in the past not to partake of the Horace Jones deposition, and when that comes to the Board, it ought to be a recommended order of the hearing officer and the record of the trial. That and only that is what the Board should read. He stated that he did not have time to make the copies that were requested, so unless the Board instructs him otherwise, he will need to have the District make the copies for her and he will need them back right away, because he is in the process of preparing for this hearing. Dr. Jenkins inquired as to whether Mrs. Webb could vote on the issue (after the judge makes an order), if she is privy to that deposition. Mr. Ray said he had counseled Mrs. Webb and the Board before not to do that out of fear that claim could be made.

Dr. DeWitt returned the gavel to Dr. Jenkins.

2. Change Order #3 to Purchase Order #164229 rchitectural Services relative to additions at Holm Elementary School)

Mrs. Morris commented that the Board had voted to allow the architect to do a drawing with enclosed hallways, and she had pulled the item with some questions for the Superintendent and staff. As a point of order, Dr. DeWitt stated there was no motion on the floor. Chairman Jenkins stated that Mrs. Morris could make a speaking motion if she wished. Mrs. Morris stated that the Board had voted to allow the architect to draft a plan for approval in Tallahassee, with the understanding that when this came back approved, the main project would be bid with enclosed hallways as an alternate. She discussed concerns as to staying within the project scope, noting the additional cost of almost $30,000 to do a change order on the architect's design, and she made the following speaking motion:

"That we authorize the change order with the understanding, reemphasize, the understanding that no additional dollars will be spent (over the $5,000,000 allocated for Holm out of the sales tax) unless it comes back to the Board for approval with the interest (accrued through the interest) and that this be bid as an alternate item when it is bid." Chairman Jenkins passed the gavel to Dr. DeWitt and seconded the motion. Mrs. Morris stated this was reemphasizing what the Board voted on last month. Upon inquiry from Mr. Bailey, Dr. David Epperson, Assistant Superintendent for Facilities Planning and Maintenance, advised that the decision made last week indicated that the Board wanted to pay the $29,900 for architectural services for the alternate to be included as a part of the bid documents. The cost to the District to implement enclosing the hallways is estimated at $300,000, as well as $29,900 for architectural services. Mrs. Morris noted the project has allocated $5,000,000, and by bidding it as a separate alternate, the bids for construction may come in under bid and the money may be there to do the alternate. Dr. DeWitt noted there is more than $5,000,000. There is $5,000,000 in sales tax, and there are capital outlay monies budgeted of $2,500,000, so it is a $7,500,000 project. He expressed that he has told the Architect and staff since the day he was elected, that when we build Holm Elementary, it needs enclosed hallways and that the building should be designed to meet the needs of the children. Mrs. Morris commented that she did not have a problem with the building having the additional enclosed walkways, but we told the public that we were going to advertise the project and we were going to stick to the project, and the public needs to know that in order to change or add to that project, it has to come back to the Board for approval. Dr. DeWitt stated he would not support the motion. He noted that the Board had already voted to submit two plans and put them out for bid for construction. He continued by stating that the purchase order has probably been issued, and the architect has been working on the drawing, and the Board approved that concept 40 days ago.

Mrs. Morris withdrew the motion, but wanted her statement to reflect that if there are any changes over and above the sales tax money, it needs to come back to the Board for approval. If there is money in other accounts, there is no problem whatsoever. Dr. DeWitt asked if the seconder wished to withdraw his second. Dr. Jenkins stated that he would have supported the motion, but if it was withdrawn, he would withdraw his second. He stated that he wanted the matter to come back to the Board before the money is spent. Dr. DeWitt stated it would have to come back to the Board, but the plans will be drawn and submitted.

Dr. DeWitt returned the gavel to Dr. Jenkins. Mr. Ray noted there was one speaker to address this issue. Mr. Hal Mason, 828 Gordon Avenue, Pensacola, Florida, 32507, made general comments concerning financing this project.

III. ITEMS FROM THE SUPERINTENDENT

1. Navy Point Easement (Postponed from March 24, 1998, School Board Meeting)

Dr. Epperson advised that staff had conferred with the principal at Navy Point Elementary School, and she had expressed that this would not affect program requirements or use of the playground areas. He noted the easement will provide some relief in the area as far as drainage is concerned.

Mrs. Morris stated that she had pulled this item, and she had requested a copy of the map at the workshop. She commented that she had questioned why the county was putting the holding pond so close to the school, and why we need to give an easement when the county has property north of the holding pond and school. She stated that they were filling in the ditch in front of the school, and she had spoken with the principal, who indicated she had not been notified concerning what was going on at the school. She continued by stating that she was not told until this morning that the School District did the holding pond, and not the county, noting that the holding pond is located on our property pretty close to the track and physical education area. She stated she had been under the impression that the county did the holding pond to relieve the overflow of water not only at Navy Point, but all along Patton Drive. She discussed concerns as to the total lack of communication, in terms of finding out just this morning that the holding pond was done by the School District, and that the easement will be on our property as well. Dr. Epperson apologized for the lack of communication and he stated that we have corrected that situation. He stated that the School District did the holding pond and is also filling in the ditch in front of the school, and not the county. He noted the county was assisting us with the drainage situation. Dr. Epperson and Mr. Ron Peacock, Facilities Management, gave a brief overview of the layout of the project, noting that the easement will allow for the ditch to be widened for drainage purposes. Mr. Bailey stated that he had taken photographs of the property, which were provided for the Board, Board Attorney, and the office file. Upon inquiry from Mrs. Morris, Dr. Epperson noted that the holding pond drains to this easement and was not taking any water from any other area down Patton Drive.

Motion by Mrs. Morris, second by Mr. Bailey, to approve the Navy Point Easement as recommended by the Superintendent, was unanimously approved.

2. Report on Northview Dam

Mr. May advised that a Board Member had reported what they considered to be an unsafe situation at the Northview school site, which is a large berm or dam that supports the egress and ingress to Northview High School, particularly with school buses. Based on that report, a crew was sent to assess the site and take photographs. Dr. Epperson stated that Mr. Greg Gibbs, Risk Management, went to the site and reported that there was some minor erosion from heavy rains over the last few weeks; in addition, Mr. Larry Jacobs, Soils Engineer, looked at the situation and reported there was no undermining of the integrity of the berm, and it is perfectly safe. Maintenance did some minor repair work with rip rap and additional dirt to correct the minor erosion, which was more of a visual situation than anything else. Dr. Epperson assured the Board there is no water seepage, no danger, and there is not a problem. After discussion, Mr. Bailey noted that he had provided photographs of the dam, and he asked if the maintenance person at Northview could check the work that was done once or twice a week and keep the Board informed. Dr. Epperson noted staff will be checking to make sure there is no adverse erosion occurring. Chairman Jenkins said he was concerned because this information was not conveyed to the principal before it went out to the public.

Mr. May reported that based on the vote at the last Board meeting, we have contracted with Law Engineering to conduct soil testing for pollutants and carcinogens. He noted that the Health Department and EPA will do similar testing; however, they believe the results will the be same if not better than what they were when we checked the original site. He emphasized that the testing will be done to allay any fears that may be occurring in the community.

In additional discussion by Board Members, Mrs. Morris stated that a Board Member had taken the copy of the Jones deposition because they had a meeting and the Board still does not have copies of the deposition. She stated that it has not been returned to the secretary, and she asked that the School Board Attorney provide a copy of the deposition.

Chairman Jenkins advised that Mrs. Linda West, Administrative Secretary to the School Board, had been asked by one Board Member after the January meeting to transcribe about three or four sets of Board minutes. He discussed concerns that transcription of this type takes uninterrupted time, and Mrs. West works for four other Board Members as well. To accommodate this Board Member, Mrs. West spent about 12 to 15 hours of her personal time transcribing four sets of minutes to have them ready for the Board Workshop last Monday. In that this could become a monthly request, he asked for input from the Board as to hiring a part-time person to do transcription. Mrs. Morris commented that the Board has one secretary for five Board Members, and that she had never imposed that type of request on the secretary. She said concerning the minutes that she corrected last month, she listened to the tape and handwrote her comments, because she knew that the request had been in for transcription. She said it was not fair to require the secretary to do this kind of thing or for the Board to put the dollars out to hire someone to do the work. She recommended that if a Board Member decides that they need someone to do transcription, an option could be to get someone from an agency to do it, and that travel funds allocated for that Board Member could be a possible funding source. Mr. Bailey stated this is not in the job description of Mrs. West, and the Board should not put an undue burden on her for transcription. He noted any transcribing would be done by the Superintendent's office. Dr. DeWitt disagreed with using county monies for transcription services. He stated it was his understanding the transcript was requested on behalf of another person or agency, which should have been referred to the Public Information Office. He said he was opposed to Mrs. West's time being used for transcribing. Chairman Jenkins stated that as Mrs. West's immediate supervisor, he is going to work to correct this situation. Mrs. Morris added that Board Members are supplied a copy of the tapes from each meeting.

IV. ADJOURNMENT

There being no further business to come before the Board, the meeting adjourned at 10:22 a.m.

Attest:

Approved: