The School Board of Escambia County, Florida, convened in Special Meeting at 9:45 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

Mrs. Vanette Webb

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

Superintendent of Schools: Mr. Jim May

I. CALL TO ORDER

Chairman Jenkins called the meeting to order at 9:45 a.m. It was noted that the additions and deletions to the agenda were already provided.

II. PURCHASING

Backup material filed in Supplementary Minute Book, Exhibit A.

A. AWARD BIDS

"No Items Submitted."

B. AUTHORIZATION TO NEGOTIATE PURCHASE

1. Request authorization to purchase 28 Universal Ramp Systems for portable classrooms at 13 school sites throughout the District as requested by Facilities Planning.

Motion was made by Mrs. Morris and seconded by Mr. Bailey, to approve the purchase. Upon request from Mrs. Morris, Mr. Barry Boyer, Purchasing Manager, advised that a list of the sites and schools that are impacted will be provided to the Board. Mrs. Webb expressed concern that this was not bid, and Mr. Boyer stated that Osceola, the same company that bid last year, was used due to time constraints and competitive prices were obtained. After discussion, the motion was approved 4-1 with Mrs. Webb voting NO.

2. Request authorization to purchase carpet and base for R.C. Lipscomb Elementary School as requested by Facilities Planning.

Motion was made by Mr. Bailey and seconded by Mrs. Webb, to authorize the purchase. Dr. DeWitt questioned paying full price for replacement, noting that use of faulty glue initially had caused the problem. Mr. Ted Kirchharr, Director of Facilities Planning, stated that the local carpet dealer and manufacturer had indicated that the problem was caused by moisture coming up through the concrete. He noted that this is a different vendor, and the concrete will be sealed before the carpet is installed. After discussion, Chairman Jenkins called for the vote and the motion was unanimously approved.

C. MISCELLANEOUS

1. Request authorization to issue change order #1 to purchase order #176798. The original purchase order was for house moving services to move portable classrooms. Request a confirmation to change order #1 to increase expenditure to accommodate portable classroom moves throughout the District as requested by Facilities Planning.

Motion was made by Mrs. Morris and seconded by Mr. Bailey, to approve this item. Upon inquiry from Mrs. Morris, Mr. Kirchharr advised that the E-SEAL project will begin whenever it is possible in terms of creating minimal disruption at the school site. He noted that a new reporting mechanism is being used with architects, and the first report will be provided to Board Members at the end of the month as to the specific time line. After discussion, the motion was unanimously approved.

III. ITEMS FROM THE SUPERINTENDENT

Backup material filed in Supplementary Minute Book, Exhibit B.

PERSONNEL TRANSFERS:

1. That employee, Certificate Number 422315, be transferred effective July 6, 1998, as a Visiting Teacher at present paygrade and step (PG 18/4) for the 1998-99 school year.

Mr. May stated that the employee had been temporarily transferred (from Principal/Escambia High School) to a Visiting Teacher position, with the recommendation that the change be permanent with her salary and paygrade frozen for this year. Mr. Bailey made a motion to support the Superintendent's recommendation. Chairman Jenkins passed the gavel to Dr. DeWitt, and seconded the motion. Dr. DeWitt returned the gavel to Dr. Jenkins. Discussion was held relative to the Superintendent's recommendation (regarding an incident where the employee made a racial slur to a custodial worker). Mrs. Morris expressed that the comment, which was made in jest, was later blown out of proportion, and she expressed concerns as to losing a valuable individual who has done great things for this county. She compared this to an incident where The University of Florida's President had made comments and was allowed to make an apology and return to his position with a reprimand (and was never removed), and she stated that would be her good cause in not supporting the Superintendent's recommendation. She also expressed good cause based on the employee's record, which exceeds the severity of the action.

Chairman Jenkins stated that he had compassion for the employee, but the comment should not have been made.

The Board recognized the following speakers who commented in support of the employee.

1) Mr. Jack Hood, 6546 Lake Charlene Drive, Pensacola, Florida, 32506

2) Ms. Susan Butler, 317 East Intendencia Street, Pensacola, Florida, 32501, read a statement on behalf of Ms. Nelda Segers.

3) Mr. Bobby Burgess, 6131 Azalea Road, Pensacola, Florida, 32504

4) Mr. Craig Thomas, 6638 Lake Charlene Drive, Pensacola, Florida, 32506

During further discussion, Mr. May stated that he had interviewed the employees, noting that he had asked the principal to explain how she could be effective in that school after what had occurred and to advise as to a plan that could ease the words that she had spoken to an employee, and her answer was "I'm comfortable with what I said." Mr. May stated at that point, he was not comfortable with her remaining as principal at Escambia High School.

Dr. DeWitt discussed the legalities of following the Superintendent's recommendation, unless there was just cause to do otherwise. Upon inquiry from Dr. DeWitt, Mr. May advised that the employee meets the qualifications for Visiting Teacher. Dr. DeWitt expressed concern regarding the perception that employees are sent to the Hall Center as punishment or to get them out of the schools, and that termination of contract should be considered in some cases. He noted that transferring the employee would cost $20,000 more than it would to hire a Visiting Teacher.

Mrs. Webb commented that affirming the Superintendent's recommendation could be violating due process rights of some of the individuals involved, as well as District Rules, State Rules and Florida Statutes in terms of requirements concerning investigative procedures, and language that transfers shall not be used as a punitive measure. The School Board Attorney advised that the law and School Board Rules require the School Board to approve a transfer; however, that approval cannot be withheld unless the Board has good

cause. Mrs. Morris stated that she had asked for a clarification on the motion, and that Mr. May had indicated that the employee's salary would be reduced next year. Mr. Joe Hammons, Attorney to the Superintendent, noted that the employee's appointment would be for one year and whatever happens next year will depend on the availability of positions and qualified candidates. Mr. Bailey clarified that his motion was to support the Superintendent's recommendation for one year and did not address what the salary would be after 1998-99.

Mr. Hammons advised that the Department of Education Rule states that transfers should not be used for punishment, but that transfers are used for management purposes. He stated that the Superintendent's decision for the transfer was not based on punishment for the employee, but was a management decision in terms of what is best for that school. Mr. May stated that he had questioned how effective a person could be when they made that comment in a school that is representative of such a diverse population as Escambia High School. He conveyed that his recommendation for transfer was made in lieu of termination (suspension without pay), and that the decision had to be made in the best interest of the students and staff at Escambia High School, that the person who is their leader would not be racially discriminatory.

Mr. Bailey restated the motion.

Ms. Arlene Costello, 3690 Wimbledon Drive, Pensacola, Florida, 32504, spoke on behalf of the Association, emphasizing the importance of holding teachers and administrators to the highest standards.

Mrs. Webb expressed concerns related to honoring due process and following District Rules, State law and Statutes. She cited the incident involving The University of Florida President, who was allowed to make an apology and was reinstated. She stated that an apology was issued by the employee in the statement presented earlier through an agent.

After discussion, Chairman Jenkins called for the vote and the motion was approved 3-2 with Mrs. Morris and Mrs. Webb voting NO.

2. Request for approval of the following administrative transfer:

FROM TO

Delores Morris Principal/Workman Middle Principal/Escambia High PG 18/4

Motion was made by Dr. DeWitt and seconded by Mr. Bailey, to approve the transfer. Mrs. Webb stated that she had nothing against Ms. Delores Morris; however, the position should have been advertised and all qualified parties been given the opportunity to submit an application and be interviewed.

Chairman Jenkins called for the vote and the motion was approved 4-1 with Mrs. Webb voting NO.

IV. ADJOURNMENT

There being no further business to come before the Board, the meeting adjourned at 10:57 a.m.

Attest: Approved:

_____________________________ _________________________________

Superintendent Chairman