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

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

Members: Dr. Elmer Jenkins (entered the workshop at 9:05 a.m.)

Dr. Hal Mason

Mrs. Vanette Webb

School Board Attorney: Mr. Francisco Negron

Superintendent of Schools: Mr. Jim May

Others present included: Jerome Watson, Deputy Superintendent; Clarence Ladner, Associate Superintendent; Wayne Odom, Director of Title I; Charles Thomas, Director of Alternative Education; Ireland Brock, Director of Student Services; Tommy Taylor, Director of Applied Technology and Adult Education; Linda Gulley, Director of Grants Management; Gene Pettis, Assistant Superintendent for Curriculum and Instruction; Bill Bush, MIS Director; Annette McArthur, Director of Elementary Education; Robin Largue, Director of Secondary Education; Dave Epperson, Assistant Superintendent of Facilities Planning and Maintenance; Don Manderson, Director of Instructional Technology; Ted Kirchharr, Director of Facilities Planning; Barry Boyer, Purchasing Manager; Ray Donnelly, Supervisory of Business Services; Ella Sims, Assistant Superintendent of Human Resources; Wes Davis, Director of Evaluation Services; Linda West, Administrative Secretary to the School Board; Sheila Johndrow, Legal Assistant to the School Board Attorney; Debra Simpkins, TSA-Staff Development; Sarah Armstrong, Director of Staff Development/Coordinator of FDLRS; Teenie Wehmeier, Manager of Teacher Certification; Joseph Bernard, Director of Risk Management; Elvin McCorvey, Director of Affirmative Action; Sheree Cagle, Director of Comprehensive Planning; Yvonne Gray, Director of Exceptional Student Education (ESE); Jerry Caine, Director of Operations; Barbara Frye, Director of Information Services; and Mark Pursell, Director of Maintenance.

I. CALL TO ORDER

Chairman Stidham called the workshop to order at 9:00 a.m. The Board Attorney advised that the court order (from the Susan Watson lawsuit) required the presence of all School Board Members, the Superintendent, and administrative staff at this workshop.

II. PRESENTATION REGARDING PUBLIC RECORDS PURSUANT TO SETTLEMENT AGREEMENT IN WATSON V. MASON AND ESCAMBIA COUNTY SCHOOL BOARD CASE NUMBER 99-0789-CA-010 - (BACKUP FILED FOR THE RECORD AS SUPPLEMENTARY MINUTE BOOK, EXHIBIT A)

The Board Attorney introduced Barbara Peterson, Executive Director of the First Amendment Foundation, who gave a presentation regarding the Florida Sunshine Law. She stated that meetings of public agencies (where public business is to be transacted or discussed) must be open to the public, unless there is a specific statutory exemption. Ms. Peterson advised that the Sunshine Law does not recognize or use the term Executive Session. Meetings of public agencies must be open to the public when two or more officials of the same collegial body are meeting to discuss any issue that may come before them. Reasonable notice of such meetings must be given and minutes of the meetings must be taken. Those minutes become public record. The Sunshine Law applies to all public agencies in the State of Florida, and federal agencies are not bound by Florida Sunshine Law. Concerning Advisory Boards and Committees, the Sunshine Law would apply if that Board or Committee was established to make recommendations to a public agency. There is a limited exception concerning committees established for fact-finding purposes only, and such committee meetings are not subject to the sunshine. Ms. Peterson commented concerning procedural aspects of the Sunshine Law, and discussion was held related to roles of the Superintendent and School Board Members. Ms. Peterson emphasized that related to interpretations of the Sunshine Law, only the court can determine whether or not there is a violation of the law.

RECESS

Chairman Stidham called a ten-minute recess at 10:35 a.m. and the workshop reconvened at 10:45 a.m.

The Board Attorney introduced Patricia Gleason, General Counsel for the Department of Legal Affairs and Deputy Attorney General, who gave a presentation concerning public records. She commented that in the State of Florida, for any gathering of two or more members of an elected or appointed Board (other than the Florida Legislature), when those members meet to discuss any matter on which foreseeable action could be taken, that is a meeting which must be noticed, open to the public, and minutes kept as required by Florida Sunshine Law. She noted that the Public Records Law is the same in that any material that is made or received in the course of official business is a public record, provided that it is made to perpetuate, communicate, or formalize knowledge, which most government documents and records are, and such records must be subject to disclosure unless there is a statutory exemption. If there is no exemption, the material must be disclosed. Public records requests may be made verbally.

The Board Attorney inquired concerning taking votes in Executive Session for purposes of directing the Board Attorney. After discussion, Ms. Gleason stated that she would provide case law to the Board Attorney which would indicate that no action can be taken in Executive Session. Discussion was held concerning procedural aspects involving public records access and requests.

III. ADJOURNMENT

Dr. Mason left the workshop at 11:45 a.m., and Chairman Stidham adjourned the workshop at 11:46 a.m. (Official recordings of this meeting are filed in the Information Services Department.)

Attest: Approved:

______________________________ ________________________________

Superintendent Chairman