The School Board of Escambia County, Florida, convened in Workshop Meeting at 9:00 a.m., in the Board Room at the Administrative Building, 215 West Garden Street, with the following present:

Chairman: Mrs. Cary Stidham Vice Chairman: Dr. John DeWitt

Members: Dr. Elmer Jenkins (entered the workshop at 9:03 a.m.)

Dr. Hal Mason

Mrs. Vanette Webb (entered the workshop at 9:15 a.m.)

School Board Attorney: Mr. Francisco Negron

Superintendent of Schools: Mr. Jim May

I. CALL TO ORDER

Chairman Stidham called the workshop to order at 9:00 a.m.

II. COMMENTS FROM SUPERINTENDENT

The Superintendent listed additions and deletions to the agenda. Dr. Mason suggested adding a monthly agenda item entitled "Report from the Audit Committee."

PRESENTATION - THE FLORIDA HIGH SCHOOL AFFILIATION AGREEMENT (2000-2001)

Dr. Robin Largue, Director of Secondary Education, presented this agreement for information purposes, and she advised that it is the same agreement as last year and does not require Board approval.

The following items were moved forward:

VI. ITEMS FROM THE ATTORNEY

ADD: 3. Approval of Settlement Agreement - Case Number 99-0789-CA-01 Watson v. School Board of Escambia County (EMERGENCY ADD ITEM)

Mrs. Maureen George noted that the agreement would settle litigation that was instituted in July, 1999, regarding public records, and would settle a counter claim brought by a citizen, Susan Watson, against the School Board. The agreement provides for reimbursement to Ms. Watson in the amount of $902 for expenses which she incurred in litigation which was instituted by the School Board and required her to come to court for declaratory judgement action. Mrs. Webb questioned discussing settlement issues in open session, and Mrs. George stated that the School Board would be required to approve settlement agreements in open session.

XI. PURCHASING

14. Unauthorized Purchase of Table/Chair Rentals

Mr. John Broussard, Exceptional Student Education (ESE) Department, explained that the unauthorized purchase involved table and chair rentals to accommodate the annual ESE Community Information Fair held on March 3, 2000, at University Mall. He stated that the appropriate purchase order will be placed in the future. Monies for this expenditure came out of the ESE budget.

15. Unauthorized purchase of Classroom Supplies

Ms. Sharon Sudduth, Principal, N. B. Cook Elementary School, advised that a mistake was made by a teacher who made the purchase with grant funds, and a letter of explanation was provided from the teacher. After discussion, she noted that training was provided to staff regarding purchasing procedures.

The workshop returned to the regular agenda.

III. PROPOSED ADDITIONS OR REVISIONS TO SCHOOL DISTRICT RULES

Dr. Mason expressed concerns that overall policy updates are needed.

A. Permission to Advertise

2. Notice of Intent to Name the Gymnasium at Booker T. Washington High School the "RONNIE AND JANIS BOND GYMNASIUM."

Dr. DeWitt commented that parents, as well as the School Advisory Committee, and PTA, strongly support naming the gymnasium in honor of Ronnie and Janis Bond, Coach and Assistant Coach at Washington High School. He added that the proposed notice would provide advertising for a public hearing at the June 13, 2000, Board meeting.

IV. ITEMS FROM THE SUPERINTENDENT

Mr. May presented the following items for Board consideration.

1. Presentation of Quarterly Report from One-Half Cent Sales Tax Watchdog Committee.

2. Recommendation that Employee Number 293740 be suspended without pay effective May 17, 2000, pending the outcome of criminal charges as more fully set forth in notice letter to the employee of May 2, 2000.

3. Recommendation that Employee Number 153132 be suspended without pay effective May 17, 2000, pending the outcome of criminal charges as more fully set forth in notice letter to the employee of May 2, 2000.

4. Recommendation that Employee Number 541214 be suspended without pay for ten days effective May 17, 2000, and continuing thereafter for misconduct more specifically noticed in letter to the employee of May 4, 2000.

The Board recognized the following speakers:

1) Mr. Robert Husbands, Executive Director, Escambia NEA UniServ, requested that Item IV.4 be removed from the agenda and that the disciplinary action not proceed. He stated that all information leading to the recommendation for the suspension is the result of an action which violates the employee contract, and he stated that failure to remove this from the agenda will result in the Association filing an unfair labor practice against the district. He referenced employee contract language that "no action against a teacher shall be taken on the basis of a complaint by a parent, student, or other individual, unless the matter is first reported to the teacher in writing by the principal within ten days of the complaint."

Mr. May stated that the employee was brought in beforehand and noticed verbally by the principal, which fulfills the obligation and goes beyond the obligation of being in writing. After discussion, the Board Attorney advised that the Board does not have the authority to modify the recommendation of the Superintendent, and the Board could either accept or reject the Superintendent's recommendation. Mr. May noted that there are a variety of steps available to the employee through the grievance procedure.

2) Dr. Douglas Garber, Director, Employee Services, commented that the intent of notice (as referenced in the employee contract) was fulfilled, and although the notice was not in writing, the employee was notified. He commented that he would be responsible to handle any grievance proceedings and not Mr. Joseph Hammons, Attorney to the Superintendent.

Mrs. Webb stated that she had requested that the Board be provided reports and notification concerning arbitration issues. The Board Attorney noted that he will be providing quarterly reports to the Board. After discussion, Mrs. Webb requested that copies of communications concerning arbitration issues be given to the Board in order to provide information on expenditures.

STUDENT RECOMMENDATIONS

Mr. May advised that a Request for Formal Hearing was submitted on Item Number 13 (Recommendation that, consistent with the decision of the due process committee, student number 00-192-281 be expelled from all public schools of Escambia County for the remainder of the 1999-2000 school year and all of the 2000-2001 school year. It is further recommended that the student be given the option to enroll, if qualified and if space is available, in an alternative educational program exclusive of regular school placement. Placement to be at the discretion of the Superintendent and to be available as an alternative during the full expulsion time frame).

Mr. May advised that the following items were added under IV. Items from the Superintendent.

ADD: 40. Recommendation that Employee Number 56170861 be terminated effective May 17, 2000, for misconduct as set forth in Notice of Disciplinary Action.

ADD: 41. Recommendation that Employee Number 8601-9620-296 be terminated effective May 17, 2000, for misconduct as set forth in Notice of Disciplinary Action.

V. ITEMS FROM THE BOARD

1. Items from the Board - Beulah Academy - Request For School Infrastructure Thrift (SIT) Funds

Dr. Mason presented this item for Board consideration.

The Board recognized the following speaker:

1) Ms. Sherry Bailey, Administrator, Beulah Academy, spoke in favor of the request for SIT Funds at 40% opposed to 35% which the Board previously approved. She noted that at the last Board meeting, SIT Funds were approved at 40% for Pensacola Academy for Success. She stated that the funds would be used to purchase land for expansion of the agricultural program.

Mrs. Patricia Wascom, Assistant Superintendent for Finance and Business Affairs, advised that the additional 5% for Beulah Academy (for a two-year time period) would total $42,749. Dr. Jenkins discussed concerns that when Beulah Academy was established, it drew over 50 students from Wedgewood Middle School, which caused Wedgewood to lose teaching units. After discussion, Dr. Mason stated that he will make a motion at the Board Meeting to increase the SIT Fund entitlement for Beulah Academy from 35% to 40%.

2. Items from the Board - Auditor General Report - Dr. Mason

Dr. Mason distributed copies of a handout, and he discussed items including budgeting of Classroom First dollars; financial practices (not collecting money and granting credit regarding child care programs); Risk Management Trust Fund receivables and disbursement; on-line computer operations regarding access controls for purchasing, and the need for procedure manuals according to the Auditor General. He asked if the Board votes on the Superintendent's response to the Auditor General or if the Superintendent responds on his own. Mrs. Wascom stated that it is the Superintendent's responsibility to respond in that the Superintendent is responsible for implementing procedures and internal controls to support the policies of the district and the State of Florida. Mrs. Wascom provided clarification concerning budgeting of Classroom First dollars.

3. Items from the Board - Correspondence, E-Mail, etc. - Dr. Mason

Dr. Mason inquired as to the amount of sales tax recapture. Mrs. Wascom stated that the Facilities Department and Finance Department had tried this on a test basis with the ESEAL project and the Energy Performance Contract, Phase I. She stated that she will provide additional information to the Board, and she noted that procedures have been developed and are scheduled to go forward.

Upon inquiry from Dr. Mason, Mrs. Wascom advised that the Office of Programs, Policies, and Governmental Accounting (OPPAGA) will visit the district on June 5-9, 2000, as part of a performance accountability study of five School Districts in the state to determine what the districts are doing following the implementation of the Governor's A+ Educational Plan. Representatives from OPPAGA will visit on-site at Pensacola High School; Carver and Brownsville Middle Schools; as well as Brentwood, Spencer Bibbs, Dixon, and Hallmark Elementary Schools. The intent is to report back to the legislature and the Governor on the progress that is being made.

5. Items from the Board - Duties and Powers of the Superintendent - Mrs. Webb

Mrs. Webb commented that the Board had directed the Superintendent in November, 1999, to bring a public records rule back to the Board, and Mrs. Maureen George, former School Board Attorney, had done that; however, the Board rejected what was brought forward. Mrs. Webb stated that nothing has been brought back to the table, and follow-up should be done to get these issues resolved.

6. Items from the Board - Request for Matching Funds for Security System at Washington High School - Dr. DeWitt

Dr. DeWitt stated that he will present a motion at the Board meeting to support the request that the Board provide matching funds in the amount of $5,500 (to match funds in the amount of $5,500 to be provided by both the School Advisory Council and PTA). He stated that the motion would include a request for staff to find any "leftover" monies to go toward this request. Due to budget constraints, Mr. May requested that the Board consider funding this item out of the 2000-2001 budget. Mr. Mark Pursell, Director of Maintenance, noted that there are additional costs associated with security monitoring and maintenance.

7. Items from the Board - Request to Budget for Five Full-Time Staff Members for Development and Planning of Curricula for the New Technical High School - Dr. DeWitt

Dr. DeWitt commented that in prior discussions, the Board had expressed support for employing a curriculum team to start developing curriculum, noting that the new Technical High School would open in 2001. He expressed concern that an advertisement had run a couple of weeks ago which indicated the intent to hire teachers after hours (paying an hourly wage) with no guarantee of employment. Dr. DeWitt spoke in favor of hiring five full-time staff members in five areas to start developing curriculum based around the technology, and he indicated that he will make a motion at the Board meeting to make that a priority item out of the 2000-2001 budget.

Mr. Tommy Taylor, Director, Applied Technology and Adult Education, advised the Board that interviews are currently underway at George Stone Center for a curriculum-writing team that would be employed part-time for this summer. After discussion, he stated that he could report back to the Board next month to present a funding plan to employ the curriculum team on a full-time basis. Dr. DeWitt withdrew this item from the agenda, and he stated that he will place it on the Board meeting agenda for next month.

8. Items from the Board - Establishment of Committee to Make Recommendation for Naming the New Technical High School - Dr. DeWitt

Dr. DeWitt commented that as marketing efforts begin, a name will be needed for the new Technical High School. He expressed his intent to make a motion at the Board meeting to set up a committee on naming the school, with the committee to follow the usual procedure of advertising their meetings and receiving input from the community.

9. Items from the Board - Florida School Boards Association Request Regarding Franchise Fees - Mrs. Stidham

Chairman Stidham expressed her intent to make a motion at the Board meeting to support the request of the Florida School Boards Association related to a company working (on a contingent basis) to seek refunds of franchise fees on behalf of various counties. She noted that the company would get 40% of the amount recovered if the franchise fees were collected.

10. Items from the Board - Appointment of Director of Internal Auditing - Dr. Jenkins

Dr. Jenkins requested input from the Board Attorney as to whether the Board could recommend a two-year contract for the Internal Auditor. The Board Attorney stated not at this point. He advised that the resolution previously adopted by the Board states that the Board employs with the recommendation of the Superintendent and the Audit Committee. He added that according to statute and the Board's resolution, the Internal Auditor is an employee of the Board. Said resolution also states that operationally, the Internal Auditor is under the administration of the Superintendent; however, that does not mean that the Internal Auditor reports to the Superintendent. Mr. Negron commented that if the Board wished to have the unfettered ability to appoint the Internal Auditor, without the recommendation of the Audit Committee or Superintendent, that part of the resolution would have to be revoked. After discussion, Dr. Mason asked that the Board Attorney prepare a clarifying resolution which could be addressed at the Board meeting.

VI. ITEMS FROM THE ATTORNEY

1. Cherry, Bekaert, Holland Audit Contract.

Dr. Mason asked if the contract included the external audit of the Risk Management Trust Fund. Mr. Barry Boyer, Purchasing Manager, advised that an independent audit of the Risk Management Trust would be processed as an addendum. Mrs. Webb requested copies of all correspondence in relation to the audit, specifically the Risk Management Trust Fund.

2. Addendum to Contract with the School Board Attorney, Francisco M. Negron, Jr.

Mr. Negron presented the proposed addendum to incorporate language into his existing contract that: 1) The School Board agrees to defend at the School Board's expense in the General Counsel's name and behalf any and all suits, proceedings, grievances, and/or ethics complaints against the School Board Attorney for actions by the School Board Attorney arising out of, in the course of, or in anyway related to the performance of the School Board Attorney's representation of the School Board, even if any of the allegations of any such suit, proceeding, grievance, and/or ethics complaint are groundless, false, or fraudulent; and 2) The General Counsel may retain private counsel to represent him in accordance with Paragraph 1 above.

Mr. Negron stated that as a governmental lawyer, he does not hold independent malpractice insurance. He noted that prior School Board Attorneys have had the opportunity to have the indemnification clause in their contracts, and he requested as a matter of fairness, that the Board provide that clause now as well. Dr. Mason asked that the Board Attorney inform the Board as to whether any malpractice insurance may be afforded by the Florida School Board Attorney Association (FSBAA).

Mr. Negron advised that Lou Ray, former Board Attorney, had a similar indemnification clause in his contract and that Mr. Ray was also a member of FSBAA. Mrs. Webb discussed concerns regarding accountability and added that if attorneys are defended no matter what, there may be political ramifications against elected representatives who are not in a political majority, which could be very destructive to representative government. She commented that the Board had refused to pay legal expenses which she had incurred, and she expressed that it would be unfair to provide defense for the attorney if the Board Members cannot be defended. Mr. Negron stated that there are provisions for Board Members to be represented under the law. He further stated that in order to serve the Board objectively, adequately, and give the best advice, the Board Attorney must have the ability to be independent. He expressed concern that inferences had been made by Mrs. Webb about preferential treatment, and he stated that he will provide a contemporaneous list to the Board concerning his service and contacts with Board Members. After discussion, Dr. Mason noted that the Board Attorney had offered to provide contemporaneous notes to the Board, and he stated that he had received an E-Mail from Mr. Negron indicating that no such documents exist. Mr. Negron stated that was incorrect, and that he would provide the E-Mail; however, it does not encompass the generalities that two of the Board Members are addressing. He commented that these issues illustrate the need for the Board Attorney to have indemnification and grievance protection.

3. Approval of Settlement Agreement - Case Number 99-0789-CA-01 Watson v. School Board of Escambia County (EMERGENCY ADD ITEM)

This item was addressed earlier in the workshop.

VII. ITEMS FROM THE STUDENT REPRESENTATIVES

Chairman Stidham noted that the student representatives will address the Board at the meeting.

VIII. STUDENT TRANSFERS

There was no discussion concerning this item.

IX. HUMAN RESOURCE SERVICES

A. Instructional/Professional

Mrs. Webb asked that the Superintendent check with staff as to any issues that would constitute a cause issue or grievance that the Board would need to know about. Ms. Ella Sims, Assistant Superintendent for Human Resources, advised that prior to making a recommendation to the Superintendent, staff follows procedures by working with the immediate supervisor, which includes obtaining the necessary documentation from that supervisor, as well as obtaining the assistance of an attorney. She noted, however, that an employee may appeal that decision. Mrs. Webb asked that information be provided in the agenda backup related to any issues that may be arbitrated or that would constitute a cause issue, so that the Board can be fully informed. Ms. Sims stated that she would confer with Mrs. Webb to review this process.

6. Special Requests

(6) Request approval to establish the job descriptions on the professional salary schedule as part of the 2000-2001 Personnel Planning Document approved on April 18, 2000.

(a) Senior Purchasing Agent

(b) Financial Analyst

Dr. DeWitt requested input from staff concerning the job descriptions. Ms. Sims advised that the positions would be taken out of civil service and moved under the professional salary schedule, and she noted that the positions were also approved in the Personnel Planning Document. Mr. Barry Boyer, Purchasing Manager, advised that additional supervisory duties were being added to the Senior Purchasing Agent classification.

(7) Request approval to abolish the job description of Central Stores Manager/

Department Head and replace with the job description of Central Stores Manager on theprofessional salary schedule.

Dr. DeWitt requested further input, and Mr. Jerry Caine, Director of Operations, provided clarification concerning the pay grade for the Central Stores Manager.

(8) Request approval to establish the job description of Garage Manager on the professional salary schedule as part of the 2000-2001 Personnel Planning Document. This new job description replaces the old Civil Service job description of Fleet Maintenance Supervisor.

Dr. DeWitt requested explanation from staff relative to the pay grade (22) for the Garage Manager. Mr. Caine verified that when the incumbent decided to retire, staff conducted research to determine what other districts are requiring relative to new technology, computer systems, educational background, and technical experience, for purposes of updating the job description to reflect current duties.

X. FINANCE

7. Budget Amendments

b) Resolution 7: Other Special Revenue Fund

Upon request from Dr. Mason, Mrs. Wascom advised that Other Special Revenue funds are primarily Federal funds such as Title I and Title VI.

XI. PURCHASING

25. Navigator Software Updates

Mr. Don Manderson, Director, Instructional Technology, requested that this item be pulled based on input recently received from Ms. Arlene Costello, President, Escambia Education Association, and the Teacher Committee. He noted that there were implementation and contractual issues, and he suggested that an update could be presented to the Board next month. After discussion, Chairman Stidham pulled this item from the agenda.

27. Carpeting at Montclair Elementary School

Dr. Mason asked if the carpeting project would lend itself to sales tax recapture. Mr. Boyer advised that the district does not pay sales tax on carpeting.

31. Annual Agreement Renewal: Fire Alarm Inspection and Maintenance

Upon inquiry from Dr. Mason, Mark Pursell, Director of Maintenance, advised that this is a $212,000 contract dealing with fire alarm maintenance. Chairman Stidham noted that the Citizens' Advisory Committee (CAC) for Facilities and Maintenance supported this item.

37. Floor Tile for Tate High School

Dr. Mason inquired concerning the possibility of sales tax recapture on this project. He was advised by Mark Pursell, Director of Maintenance, that tile would be utilized instead of carpeting, and the district's tax exempt status would apply on this project.

41. Change Notice #2 to PO #192334 (A. E. New, Jr., Inc.)

Dr. Mason requested input from staff, and Mr. Ted Kirchharr, Director, Facilities Planning, advised that the construction engineer had recommended additional overhangs to support the roof.

43. Design/Build Services: Group I Classroom Additions at Brentwood, Bratt, and Montclair Elementary Schools

Upon inquiry from Dr. Mason, Mr. Kirchharr advised that discussion had been held with the design build teams in order to accommodate sales tax recapture.

44. Design/Build Services: Group II Classroom Additions at Bellview, Beulah and West Pensacola Elementary Schools

Upon request from Dr. Mason, Mr. Kirchharr advised that discussion had been held with the design build teams in order to accommodate sales tax recapture.

XII. FACILITIES AND MAINTENANCE

A. FACILITIES PLANNING

1. MISCELLANEOUS

b. Standard Owner-Architect/Engineer Agreement

Standard Owner-Contractor Agreement

Standard Form of Agreement Between Owner and Design/Builder

Dr. David Epperson, Assistant Superintendent for Facilities Planning and Maintenance, advised that the arbitration clause was deleted from the contracts, and the "right to audit" clause was also deleted pending further direction from the Board. Chairman Stidham stated that she will make a motion at the Board Meeting to approve these contracts as to form, and that these contracts will be approved for all future use with the attorney to review as to form so that the contracts will require no further Board action once the purchase order is approved. Mrs. Webb stated that she will not support the recommendations to eliminate the right to audit and arbitration clauses, and she stated that she will submit backup from the Inspector General regarding auditing. Dr. Epperson clarified that the Auditor General's Report had originally cited that liquidated damages had not been assessed; however, upon further investigation it was determined that appropriate liquidated damages were assessed as identified in the contract documents, and the Auditor General agreed at that time that everything was appropriate. Mrs. Webb asked that she be provided information on the history of that matter.

c. Phase II Performance Contracting

Dr. Mason commented that the vendor had agreed to provide submeters. After discussion, Mr. Kirchharr advised that a system is in place to provide baseline data.

f. Re-roofing at the Administration Building, Carver, Tate, Ernest Ward and Wedgewood

Mrs. Webb inquired concerning how this particular architect was acquired. Mr. Kirchharr advised that proposals were solicited, and advertising was not required based on CCNA guidelines.

h. Yearly Architectural Services

Mr. Kirchharr verified that this project was advertised.

i. Yearly Electrical Engineering Services

Mr. Kirchharr verified that this project was advertised.

j. Yearly Mechanical Engineering Services

Mr. Kirchharr verified that this project was advertised. Mrs. Webb asked that staff E-Mail the Board Secretary, the Board, and members of the Citizens' Advisory Committee for Facilities and Maintenance concerning notice of all advertisements. Chairman Stidham noted that committee members have been kept informed. Mrs. Webb asked if there had been issues concerning conflict with a committee member, and Chairman Stidham advised that questions had arisen from various people as to possible conflict on certain issues. She stated that the committee member was informed that the issue could possibly be raised and that he may want to confer with the Board Attorney. After discussion, Mrs. Webb expressed that guidelines are needed, and committee members need to be fully informed in order to avoid any conflict of interest.

XIII. CURRICULUM & INSTRUCTION

5. For Information: Medicaid Certified School Match Program.

Mrs. Webb asked for input from staff. Ms. Sandra Ward, Medicaid Program, reported that $85,000 in matching monies have gone back into ESE schools and services; in addition, $757,000 has gone into the general revenue account. She noted that there were 5 pilot schools last year and 13 schools participating in the program this year. Concerning paperwork requirements, Ms. Ward stated that some of the schools have allowed a teacher's aide to provide assistance.

9. Cooperative Agreement between the School Board of Escambia County, Florida, and Chris A. Bailey, LMHC.

Mrs. Webb requested information regarding the number of students served. Dr. Garth Grove, Coordinator of Guidance Services, stated that he will provide a monthly report to the Board.

10. Cooperative Agreement between the School Board of Escambia County, Florida, and Judith Kolinsky, LMHC.

Mrs. Webb requested additional information, and Dr. Grove stated that he will provide a monthly report to the Board.

14. Contract between School Board of Escambia County, Florida and Escambia County Health Department 1999-2000, Amendment #2.

Mrs. Webb inquired as to who receives and monitors Health Department reports. Mr. Jim Bentley, Director of Food Services, advised that he receives quarterly reports, and items are addressed at the school level with principals, managers, and maintenance department personnel.

21. Proposed School-Age Child Care Rate Schedule for 2000-2001 School Year.

Dr. Mason asked if the fees changed for the child care rate schedule. Mr. Tommy Taylor, Director, Applied Technology and Adult Education, provided clarification concerning subsidized child care. Ms. Ann Freeman, Applied Technology, reported that there was a 5% increase in child care fees (from $38 to $40 per week).

XIV. TRANSPORTATION

-No items submitted

.

XV. INTERNAL AUDITING

B. Inventory Adjustment Reports

Mr. Sam Scallan, Director of Internal Auditing, advised that upon Board approval of the property incident report, law enforcement will be notified, and those assets will be written off. He noted that out of 31 school reports that went to the Board, only 5 of the schools had missing items. Mr. Scallan asked if he could discontinue giving the Board signature sheets each month for schools and departments that have no missing items, and the Board concurred.

XVI. PUBLIC FORUM

There were no speakers.

XVII. ADJOURNMENT

Prior to adjournment, Chairman Stidham asked Board Members to contact her concerning appointments to the Value Adjustment Board. She noted that representatives from Movement for Change, Inc., had requested a Special Board Meeting, and she will follow up with them. Chairman Stidham announced that an Executive Session will be held on May 17, 2000, at 1:30 p.m., and a Special Board Workshop regarding Risk Management will be held on June 2, 2000, at 9:30 a.m. A Budget Workshop will also be scheduled. There being no further business, the workshop adjourned at 1:20 p.m. (Official recordings of this meeting are filed in the Information Services Department.)