ESCAMBIA COUNTY, FLORIDA
The School Board of Escambia County, Florida, convened for the Public Forum at 6:05 p.m. in Room 160, Hall Center, 30 East Texar Drive, with the following present:
Interim Chairman: Dr. Hal Mason Vice Chairman: Mrs. Cary Stidham
Members: Dr. John DeWitt
Dr. Elmer Jenkins
Mrs. Vanette Webb
Superintendent of Schools: Mr. Jim May
Dr. Mason called the Public Forum to order at 6:05 p.m. Mr. Joe Hammons, Attorney to the Superintendent, was also present. Dr. Mason announced that future Public Forums will begin at 6:00 p.m. (to be immediately followed by the Regular Board meeting). Dr. Jenkins stated that he had recommended in workshop that the Board designate the first fifteen minutes of each Public Forum for the Superintendent to highlight some positive aspect of the school system and spotlight programs at various schools or functions of different departments.
The Board recognized the following speakers:
1) Mr. Jack Hood, 6546 Lake Charlene Drive, Pensacola, Florida, expressed his opinion that televising Board meetings would be good, but he would not favor spending any extra money that would not go directly toward students. He expressed that there are needs at Escambia High School to improve heating and air conditioning.
2) Mr. Lee Mundy, 1801 East Gonzalez Street, Pensacola, Florida, expressed his concerns: 1) that more schools are needed to relieve overcrowded conditions; and 2) that heating and air conditioning improvements are needed in schools.
Dr. Mason advised that the Board had recently established a Citizens' Advisory Committee on Facilities to address such concerns.
3) Mr. Roger Goldberg, Pensacola, Florida, expressed his concerns that public funds should not be used with reference to legal actions pitting one governmental agency against another.
4) Ms. Laura Whiteside, Attorney, advised that Mrs. Webb had requested her representation regarding public records relative to requests that had been made to her for School Board and School District records. She cited concerns that disclosure of student records could cost the district all federal funding, and brief discussion was held on public records issues related to the Family Educational Rights Privacy Act (FERPA).
5) Mr. John Wyche, 861 Maplewood Circle, Pensacola, Florida, spoke concerning new procedures for the Florida Comprehensive Assessment Test (FCAT) and the importance of ensuring that all children are ready for the test.
6) Ms. Kathy Roche, 8080 Baywind Circle, Pensacola, Florida, Chairman, Escambia Gifted Education School Board Committee, reported that the committee will meet on January 7, 1999, at 3:30 p.m. The committee has formed subcommittees addressing needs of gifted students, identification guidelines, models for delivery of services, transportation issues, and will recommend ways to provide quality educational services for gifted students as part of the School District's Master Plan.
Dr. DeWitt stated that he would present committee's recommendation (for appointment of three additional members) for Board action under Items from the Board (See Item XII.1).
7) Mr. Stephen Roan, 3840 Yesteroaks Drive, Pensacola, Florida, indicated that he wished to speak during the Regular Meeting concerning VI.6 (legal services from Mr. Edward Fleming).
8) Mrs. Patti Houghland, 7070 North Blue Angel Parkway, Pensacola, Florida, spoke concerning the importance of maintaining confidential student records.
9) Mr. Gary Gleason, 1275 Palisades Road, Pensacola, Florida, asked if the Board would consider changing the exam exemption policy by May of 1999. Mr. May advised that the policy would not change by May; however, parents can refuse to sign the exemption requests. Dr. DeWitt spoke in favor of revisiting the exam exemption policy when the Student Rights and Responsibilities Handbook is addressed.
10) Ms. Karen Dany, 10434 Waterford Drive, Pensacola, Florida, requested that the Board reconsider the exam exemption policy. She briefly commented on public records and asked who had been designated as custodian for the records of Mr. Lou Ray, former School Board Attorney.
Mr. May stated that Mr. Ray had not designated anyone and his records belong to the School Board. Dr. Mason indicated that he would follow up with Mr. Ray in that regard. Ms. Dany stated that it may be helpful to promote a better understanding of FERPA and the Sunshine Law. Dr. Mason stated that efforts will be made to develop a procedure to serve the Board and administration in the future.
Dr. Mason called for a five-minute recess at 7:05 p.m. Dr. Mason called the Regular Meeting to order at 7:10 p.m. Mr. Edward Fleming, interim Board Attorney, joined the meeting at this time. The invocation was given in song by Ms. Astrid Peasant, who attends Escambia Charter School, and the Pledge of Allegiance was led by Mr. Bob Husbands, Executive Director, Escambia NEA UniServ.
Mr. May asked Mrs. Andrea DeWitt to come forward to be recognized as the Stellar Employee for the month of December. Mr. May stated that Mrs. DeWitt is a School Psychologist, who has worked for the district for seventeen years and was nominated for her devotion to children, perseverance, and a giving heart. Mr. May noted her care for one particular student with learning disabilities and a medical condition, Ectodermal Dysplasia, and the special assistance that Mrs. DeWitt provided to the child and family. Mr. May congratulated Mrs. DeWitt for this honor and presented her with a plaque, a pin, and a check for $100 donated by Members First Credit Union.
TEACHER OF THE YEAR AWARD
The Superintendent and Board Members congratulated Mr. Raymond Corner, Physical
Education Teacher at Pensacola High School, for being selected as the 1998 Florida High School Physical Education Teacher of the Year. Mr. May presented a Certificate of Recognition to Mr. Corner, who received this award at the Florida Alliance for Health, Physical Education, Recreation, Dance and Driver Education (FAHPERD) Conference.
Mr. May asked Ms. Beverly Duncan, Principal, to come forward. Also present were Ms. Jennifer Daniel, PTA President, Ms. Judy Hutto, Membership Chairman, and Ms. Debbie Smith. It was noted that Suter was the only elementary school in the state to receive the President's Membership Award from the Florida PTA. Ms. Jenny Dyess, President, Escambia County Council of PTAs, presented Certificates for the Volunteer and Program Award and
advised that Suter's PTA also earned the local unit achievement award and showed the highest increase in memberships over the previous year.
Mr. May presented a Certificate of Excellence from the Board to Ms. Hou and Ms. Roman, students at Pensacola High School, in recognition of their achievements in receiving the maximum score on the SAT.
The following item was moved forward:
XI. ITEMS FROM THE SUPERINTENDENT
1. INFORMATION ONLY: PTA Presentation
Ms. Jenny Dyess, President, Escambia County Council of PTAs, reported that Beulah Academy had formed the newest PTA. It was also noted that recognition was given earlier in the meeting to Suter Elementary School which was the only elementary school in the state to receive the President's Membership Award from the Florida PTA.
The meeting returned to the regular agenda order.
Superintendent May listed additions and deletions to the agenda as follows:
V. HUMAN RESOURCES
A. Instructional
8. Special Requests
SEE: ADDITIONAL BACKUP
VII. PURCHASING
3.0 MISCELLANEOUS
DELETE: 3.3 Unauthorized Purchase
of Consultant Services Made by Environmental Studies
Center
IX. CURRICULUM & INSTRUCTION AND TRANSPORTATION
1. School Advisory Council Nominations.
SEE: AMENDED BACKUP
XI. ITEMS FROM THE SUPERINTENDENT
Mr. May noted the following requests and that Item #7 was pulled due to a family medical emergency:
Item #5 (Student Number 99-36-061), Request to Address the Board
Item #6 (Student Number 99-37-061), Request to Address the Board
PULLED: Item #7 (Student Number
99-38-061), Request to Address the Board
Item #8 (Student Number 99-51-411), Request to Address the Board
Item #13 (Student Number 99-61-281), Request Formal Hearing
XII. ITEMS FROM THE BOARD
ADD: 2. Item from the Board - Dr. John DeWitt
ADD: 3. Item from the Board - Televising Board Meetings - Dr. John DeWitt
ADD: 4. Item from the Board - Dr. Elmer Jenkins
ADD: 5. Item from the Board - Removing Attorney Cap - Dr. Hal Mason
ADD: 6. Item from the Board - Advertising for School Board Attorney - Dr. Hal Mason
ADD: 7. Item from the Board - Mrs. Vanette Webb
I. ADOPTION OF AGENDA
Motion by Dr. DeWitt, second by Dr. Jenkins, to adopt the agenda as amended, was unanimously approved.
II. APPROVAL OF MINUTES
Motion was made by Dr. Jenkins and seconded by Dr. DeWitt, to approve the minutes for the 11/5/98 Town Hall Meeting, 11/16/98 Regular Board Workshop, and 11/17/98 Organizational Meeting and Regular Board Meeting. After discussion, the motion was unanimously approved.
III. PROPOSED ADDITIONS OR REVISIONS TO SCHOOL DISTRICT RULES
A. Permission to Advertise
"No items submitted."
B. Permission to Adopt
"No items submitted."
IV.-X. CONSENT AGENDA
Motion to approve the consent agenda was made by Mrs. Stidham and seconded by
Dr. Jenkins. Mrs. Webb pulled VII.1.3, VII.3.7, VII.3.8, and VIII.A.2.b for separate vote and VII.3.13 for discussion. Items VIII.A.2.a, and IX.1 were pulled for discussion by Dr. Mason and Dr. Jenkins respectively.
IV. STUDENT TRANSFERS
This item was approved as submitted.
(Supplementary Minute Book, Exhibit A)
V. HUMAN RESOURCES
(Backup filed in Supplementary Minute Book, Exhibit B)
Approved:
A. Instructional
1. Appointments
Hanshaw, Robert Tate 01/04/99 P Pfeiffer, Retired
Johnson, Aeriale Ernest Ward 01/04/99 P Cornell, Resigned
Walters, Makeysa Semmes 01/04/99 Additional Position
2. Resignations
Cope, Amy Century Elem 11/24/98
Handrop, Kimberly Washington 11/12/98 (was on LOA)
Mathes, Bobbi George Stone 12/11/98
3. Retirees
Boyd, Marie Pensacola 01/05/99
Deuvall, Nancy Escambia 12/18/98
Larson, Joyce Pine Forest 11/06/98 (Disability)
Lloyd, Elspeth Eval Services 01/05/99
Pfeiffer, Phillip Tate 12/31/98 (Disability)
Pugh, Betty Ensley 12/31/98
Wells, Janet Ransom 12/18/98
Winger, Harriet Pine Meadow 12/31/98
4. Teachers Returning from Leave of Absence
Heuvelink, Rebecca Washington 11/16/98
Miller, Sonia Tate 11/30/98
5. Transfers
None at this time.
6. Requests for Leave With Pay
Anderson, Mary Homebound 10/12 Jury duty
Andrews, Melba Escambia 10/19,21,27 Jury duty
Arena, James Hallmark 11/3-5 Jury duty
Aulger, Larry Brentwood Mid 10/26;11/3,5 Jury duty
Beard, Guy Pensacola 10/26 Jury duty
Davey, Bonita Data Ctr 11/2 Jury duty
Donahue, Sueann Holm 10/19,21 Jury duty
Exner, Bonnie Ransom 10/16 Professional/EEA
Francis, Elna Yniestra 11/2 Jury duty
Haas, Sue Bellview Elem 11/2 Jury duty
Hyche, Christy Hellen Caro 10/26 Jury duty
Jackson-Williams, Madonna Pine Forest 9/22 Professional/EEA
Jenks, Christy West Pensacola 10/19 Subpoena
Kirkland, Linda West Pensacola 10/19 Subpoena
Lee, Mary McArthur 11/2,6 Jury duty
Loring, Lana Ensley 11/2 Jury duty
Meyer, Joanne Washington 10/19,22 Jury duty
Norman, Maria Bailey 11/12 Subpoena
Peacock, Judy Barrineau Park 10/26,29 Jury duty
Queckboerner, Susan Tate 10/26-29 Jury duty
Schwartz, Pamela ESE 11/6 Professional/EEA
Scott, Charlene West Pensacola 11/2 Jury duty
Smith, Stephanie Woodham 10/26;11/6 Jury duty
Stein, Deanna Hellen Caro 10/20 Jury duty
Stokes, Suzanne Pine Meadow 10/26,28 Jury duty
VanGilder, Richard McArthur 10/26,27;11/4 Jury duty
Watson, Florence Woodham 10/19,21,27;11/10 Jury duty
Willis, William Woodham 10/19,20 Jury duty
7. Requests for Leave Without Pay
Alexander, Caroline Oakcrest 10/21,22,26;11/3,4 Illness
Barnes, Katherine Bailey 9/18,21 Illness
Bell, Bobbi Pine Forest 11/3 Illness
Biltucci, Patricia West Pensacola 10/23 Illness
Bland, Bonne Washington 10/2,5 Illness
Boudreaux, Susan Warrington Elem 10/16-26 Personal
*Burgess, Kimberly Barrineau Park 12/10/98-6/1/99 Maternity
Castro, Amy Cook 10/23 Illness
*Chivington, Florence Pensacola 1/4/99-6/1/99 Illness
Chivington, Sheri Tate 10/13 Illness
Crave, S Quinn Warrington Elem 10/22,23 Illness
Cross, Kimberly Navy Point 11/4 Illness
DeShields, Heather Pleasant Grove 11/9-13 Maternity
Garrison, Samuel Ransom 9/21 Illness
Griffin, Charles Risk Mgmt 10/16 Annual
Hedin, Blythe Yniestra 10/7 Illness
Hendricks, Catherine Cook 9/23-10/15 Maternity
Johnfore, Kristine Ferry Pass Elem 10/16 Illness
King, Hugh Ferry Pass Mid 10/30-11/6,12,13 Illness
*Lovely-Payne, Kathryn Semmes 12/2-18 Maternity
*McFarland, Angela Pine Forest 12/14/98-2/12/99 Maternity
Patrick, Jamie Weis 9/16,17 Illness
Rea, Michelle Montclair 10/30 Personal
Santillo, Marianne Pine Forest 10/14 Personal
Trombley, Rachele Washington 9/24;10/8 Illness
Van Deusen, Colleen Edgewater 10/14-16 Maternity
VanGilder, Richard McArthur 10/7-9 Personal
*FMLA
8. Special Requests
Approved:
(1) Request approval for Ms. Annie Haynes, Certified Interpreter Tutor I at Washington, to work for 5 ½ days beginning November 2 through November 10, 1998 and to be paid at her regular hourly rate of pay.
(2) Request approval of the following appointment with assigned paygrade on the professional salary schedule:
Haynes, Annie Certified Interpreter Tutor I/Washington 11/12/98-6/30/99 PG 1/1
Tavares, Kia Programmer II/George Stone 11/25/98-6/30/99 PG 9/1
(3) Request approval for the following part-time instructor to be employed under School Board Rule #6G17-2.03 at George Stone in the Law Enforcement Program:
Name Date
Courtney, James 11/02/98
Forte, Fletcher 11/20/98
Ply, Melinda 12/02/98
(4) Request approval for Ms. Christine Hunter and Ms. Isabelle Singleton, teachers at Lipscomb, to teach a foreign language after school for two days per week from January 11 through May 21, 1999. They are to be paid at their regular hourly rate of pay and funded by Title VI, a federal project.
(5) Request approval for Mr. Mark Lee Upshaw, teacher at the Big Bayou Academy, to teach out-of-field for the 1998-99 school year.
(6) Correct appointment date for Ms. Tammy Douglas, teacher at Petree Pre-K, from December 7, 1998 to read January 4, 1999. Ms. Douglas graduates from UWF on December 18, 1998.
(7) For Board Information: Thornton & Pacenta Financial Statements and Independent Auditor's Report on the Escambia School District Benefit Trust dated June 30, 1998 and 1997.
(8) Request approval of contracts for trailer residents for the following schools:
Ensley
Sherwood
Workman Middle
B. Educational Support
Approved:
1. Appointments
(R-Replacement V-Vacant Pos N-New Pos A-Additional Pos)
NAME CLASSIFICATION EFF DATE LOCATION
Anderson, Linda R Teacher Assistant 11/9/98 Beulah
Blankenship, Juvannva R Admin Clerk II 11/30/98 Oakcrest
Boydston, Sandra A Teacher Asst Special 11/5/98 Hellen Caro
Bradley, Josie A Food Ser Asst I 10/15/98 Washington
Clark, Wanda R Teacher Asst Special 11/17/98 Bellview Middle
Fagan, Yolanda R Teacher Assistant 11/10/98 Edgewater
Goforth, Holly R Admin Clerk III 11/30/98 Certification
Hassebrock, Terry R Heavy Equipment Mech 11/30/98 Transportation Garage
Junior, Tiffany R Early Childhood Asst 11/9/98 Petree
LaBlanc, Margaret V Food Ser Asst I 10/15/98 Washington
Layton, Helen A Early Childhood Asst 11/10/98 Petree
Soulet, Dayna R Food Ser Asst I 11/20/98 West Pensacola
Thompson, Pamela R Early Childhood Asst 11/16/98 Title I (FRAME)
Walker, Ronald R Custodial Worker I 11/30/98 Jim Allen
Ward, Gerald R Plumber I 11/17/98 Maintenance
Whaley, Verlinda A Admin Clerk II 10/15/98 Warrington Middle
Witherspoon, Tammy R Food Ser Asst I 10/16/98 Washington
Young, Rod R Custodial Worker I 11/19/98 Cook
2. Resignations
Grundy, Dorothy Food Ser Asst I 10/23/98 Cordova Park
Jones, Carolyn School Bus Operator 10/30/98 Transportation
Massey, Stephanie Food Ser Asst I 11/20/98 McArthur
Matrone, Linda Early Childhood Assistant 11/13/98 Judy Andrews
3. Terminations
Salisbury, Jeannee Food Service Asst I 11/6/98 Hellen Caro
Sims, Pamela Food Service Asst I 11/5/98 West Pensacola
4. Suspensions
None
5. Dismissals
None
6. Leave of Absence
Ensley, Donald (Ext) Custodial Worker II 7/1/98-2/26/99 Medical*
Henry, Janie (Ext) School Finance Spec 9/1/98-2/1/99 Medical
Hoang, Thuy (Ext) Teacher Assistant 5/28/98-5/2/99 Personal
Mill, Victory (Ext) Teacher Assistant 11/10/98-5/27/99 Personal
Moran, Janice Teacher Asst Special 12/1/98-1/5/99 Medical*
Odom, Judy Audiometric Tech 9/14/98-8/14/99 Personal
Rayburn, Kathryn Admin Clerk II 11/16/98-5/27/99 Personal
Smeltzer, Melissa Teacher Asst Special 11/5/98-1/27/99 Maternity*
Smith, Mary J. School Bus Operator 10/19/98-1/8/99 Medical*
Stewart, Emily Food Ser Asst I 11/24/98-1/29/99 Personal
Wiggins, Patrick Custodial Worker I 11/9/98-12/7/98 Medical
*Request FMLA
VI. FINANCE
Approved:
1. Authorization for payrolls and vouchers for the month of January, 1999.
(Housed in Finance Department)
2. Check Register for month of October, 1998.
(Supplementary Minute Book, Exhibit C)
3. Financial Statement for the month of October, 1998.
(Supplementary Minute Book, Exhibit D)
4. Authorized payment of $6,126.35 to the legal firm of Hammons & Whittaker, P.A., for legal services performed during the month of November, 1998.
(Supplementary Minute Book, Exhibit E)
5. Authorized payment of $2,227.50 to Mr. Louis F. Ray, Jr., for legal services performed during the month of November, 1998.
(Supplementary Minute Book, Exhibit F)
6. Authorized payment of $216.82 to Mr. Edward P. Fleming, P.A., for legal services performed during the month of November, 1998.
(Supplementary Minute Book, Exhibit G)
7. Authorized payment of $699.93 and $350.62 to Allen, Norton & Blue, P.A., for legal services performed during the months of September and October, 1998.
(Supplementary Minute Book, Exhibit H)
8. Authorized payment of $1,220.00 to Mr. Arthur Shimek for legal services performed as Hearing Officer in the expulsion of Student Numbers 99-36-061, 99-37-061, and 99-38-061.
(Supplementary Minute Book, Exhibit I)
9. Corporate Resolutions for use of Facsimile Signatures.
(Supplementary Minute Book, Exhibit J)
10. Budget Amendments: BA #3, PART I-General Operating Fund, BA #3, PART IV-Special Revenues, Capital Outlay Budget Amendment #4.
(Supplementary Minute Book, Exhibit K)
VII. PURCHASING
Backup filed in Supplementary Minute Book, Exhibit L
Approved:
1.0 AWARD BIDS
Administrative Departments
1.1 Renew and Extend Three Year Agreement for Microfiche Processing Services, Bid #5-96R (Budget)
1.2 Technology Partner: Electronic Document Management Systems/Applicant Tracing Software, RFP #8-99 (Human Resources Management)
Maintenance and Transportation
1.3 Fire Alarm Inspection & Maintenance, Bid #16-99 (Maintenance)
Mrs. Webb stated that she had asked for the bid specifications at the workshop, and Mr. Barry Boyer, Purchasing Manager, replied that a copy of the bid list, bid proposal, and response from Simplex had been provided to the Board office.
Mr. Mark Pursell, Director of Maintenance Services, advised that these services are needed to comply with state regulations. Dr. Mason inquired concerning potential for liability and Mr. Pursell advised that Risk Management had obtained verification from the state in terms of requirements and this was a joint effort.
Motion was made by Mrs. Webb and seconded by Mrs. Stidham, to accept the proposal for Simplex for a one-year agreement for inspection and service of all fire alarm systems for $292,834 for one year only. Dr. Mason suggested that staff also look at proprietary software during that year. After discussion, Dr. Mason called for the vote and the motion was unanimously approved.
School Food Services
1.4 Smallwares, Bid #13-99
Facilities Planning
1.5 Upgrade of Certain Petroleum-Handling Facilities and Equipment at Carver Middle School, Tate High School, Ernest Ward Middle School and the J. E. Hall Transportation Center
1.6 Additions at the ESEAL Center
1.7 Additions and Renovations at Holm Elementary School
1.8 Classroom Additions at Escambia High School
2.0 AUTHORIZATION TO NEGOTIATE AND PURCHASE
Schools
2.1 Gateway Microcomputer Equipment for Woodham High School
2.2 Computer Network Wiring at Scenic Heights Elementary School
2.3 Fourth Year of a Four Year Lease/Purchase Agreement for a Jostens' Microcomputer Lab at Beggs Educational Center
2.4 Apple Microcomputer Equipment for Dixon Elementary School
2.5 Computer Network Wiring at Bellview Elementary School
2.6 Apple Microcomputer Equipment for Semmes Elementary School
2.7 Alphasmart 2000 Keyboards and Accessories for Spencer Bibbs Elementary School
Administrative Departments
2.9 Gateway Microcomputer Equipment for Business Technology Classrooms at Wedgewood and Workman Middle Schools (Applied Technology & Adult Education)
2.10 Gateway Microcomputer Equipment for George Stone Vocational Center (Applied Technology & Adult Education)
2.11 "MLE Cobol" Language Extensions Software Program for the OS/390 IBM Mainframe System for Technological Systems/MIS
Facilities Planning
2.12 Mechanical Engineering Services for George Stone Chiller/Boiler Plant Upgrade
2.13 Engineering Services for Upgrade of Petroleum Handling Facilities and Equipment at the Transportation Center, Tate High School, Carver Middle School, and Ernest Ward Middle School
2.14 Auditorium Seating for Pensacola High School Auditorium
3.0 MISCELLANEOUS
Schools
3.1 Unauthorized Purchase of Rental of Charter Buses Made by Pensacola High School
Administrative Departments
3.2 Change Order #1 to Purchase Order #184375 (School District of Okaloosa Co.)
DELETE: 3.3 Unauthorized Purchase
of Consultant Services Made by Environmental Studies
Center
3.4 Hurricane Georges Update
3.5 Change Order #1 to Purchase Order #178039 (Hurricane Island O B School)
3.6 Change Order #1 to Purchase Order #162322 (Hurricane Island O B School)
Maintenance and Transportation
3.7 Change Order #1 to Purchase Order #178341 (BFI Waste System) (Maintenance)
Mrs. Webb noted as discussed in workshop, the County Franchise Fee increase (from $.25 and $.50 to $1.50 per cubic yard) will create a significant fiscal impact to the district of $150,103. A motion was made by Mrs. Webb to pull this item until next month and allow the Board Attorney to contact the county for purposes of negotiation and possibly save at least a portion of the $150,103. The motion died for lack of second. After discussion, the Board Attorney suggested paying the fee with a reservation of rights pending further review. Motion by Mrs. Webb, second by Dr. Jenkins, to pay the fee with a reservation of rights and direct the Board Attorney to contact the county, was unanimously approved.
Facilities Planning
3.8 Change Order #9 to Purchase Order #127578 (Baskerville-Donovan Inc.)
Mrs. Webb stated that she was not in favor of this change order for additional
expenditure of $4,032.50 related to architectural services to construct the new N. B.
Cook School. She suggested delaying this item perhaps until next month in order to get full disclosure on this matter, adding that she would favor mediation opposed to litigation. The motion died for lack of second. Dr. Mason inquired as to additional services provided, and Dr. Epperson replied that the services were requested by the district and dealt with research and additional information provided to the consultant. After discussion, motion was made by Dr. Jenkins and seconded by Dr. DeWitt, to approve the change order for services received by the district. After discussion, Mr. May requested input from the Board Attorney, and Mr. Fleming recommended paying for these services pursuant to the contract. Ms. Webb called the question; no vote was taken on the question. The motion was approved 4-1 with Mrs. Webb voting NO.
3.9 Change Order #3 to Purchase Order #175367 (A. E. New, Jr. Incorporated)
3.10 Change Order #3 to Purchase Order #176664 (Jack Moore & Co. Inc.)
3.11 Change Order #3 to Purchase Order #165336 (A. E. New, Jr. Incorporated)
3.12 Change Order #1 to Purchase Order #161318 (Air Design Systems Inc.)
3.13 Change Order #5, #6, and #7 to Purchase Order #162826 (Whitesell-Green Inc.)
Mrs. Webb discussed the possibility of delaying this item pending further update. Mr. Ted Kirchharr, Director of Facilities Planning, advised that the change orders dealt with rerouting water pipes, door work, and a time extension due to the hurricane. After discussion, this item was approved under the consent agenda.
3.14 Change Order #3 to Purchase Order #147632 (Caldwell & Associates)
VIII. FACILITIES AND MAINTENANCE
Backup material filed in Supplementary Minute Book, Exhibit M
A. FACILITIES PLANNING
Approved:
1. FINAL PAYMENTS
a. KITCHEN HVAC SYSTEM AT ESCAMBIA HIGH SCHOOL
Approved final payment in the amount of $1,938.50 to Graves + Carlos, Architects, Engineers, on the above referenced project.
P. O. #166519 FINAL CONTRACT AMOUNT: $12,740.50
b. KITCHEN HVAC SYSTEM AT ESCAMBIA HIGH SCHOOL
Approved final payment in the amount of $29,802.00 to Air Design Systems, Inc., contractor, on the above referenced project.
P. O. #176668 FINAL CONTRACT AMOUNT: $104,889.00
2. MISCELLANEOUS:
a. PERFORMANCE CONTRACTING SERVICES
Granted permission to enter into an agreement with TECO Energy/Bosek, Gibson and Associates, Inc. for the development of investment grade technical audits.
Dr. Mason requested that local financial institutions receive notice concerning financing on this project. Mr. Kirchharr advised that self-financing and local institutions are options, and all options will be explored. This item was approved under the consent agenda.
b. REVISED METHOD FOR COMPACTION OF SOIL BENEATH FOOTINGS AT N.B. COOK ELEMENTARY SCHOOL
Granted permission to issue unilateral Change Order #4 in the amount of
$8,189 to Whitesell-Green, Inc., general contractor, for compaction to areas
beneath the building foundation using non-vibratory methods. (See attachment to change order for calculation of volumes and unit prices
prepared by Baskerville-Donovan, Inc., project architects and engineers.) The issuance of this change order is necessitated due to the need to use a
non-vibratory method for compaction to eliminate potential damage to
adjacent buildings in the neighborhood through the use of a vibratory method. This change order is issued without prejudice to the general contractor to later prosecute a claim for additional compensation for this work. (Normally the general contractor signs change orders, but has refused to do so in this case claiming costs in excess of normally derived unit prices for this construction method.) The issuance of a change order in this manner is provided for in the contract and is recommended by all parties concerned, including the School District's construction claims consultant and, presumably, will allow the general contractor to make payment to its subcontractor.
P.O. #162826
Mrs. Webb discussed the possibility of delaying this item until the Board can have benefit of legal counsel. She asked why the general contractor refused to sign the change order. Dr. Epperson advised that the general contractor contends the unit prices in the contract. In response to Dr. Mason, Mr. Fleming recommended that the district pay the amount that the architect/design professional certified for quantities at the $9 per cubic yard rate pursuant to the contract. After discussion, motion by Dr. DeWitt, second by Dr. Jenkins, to approve the Superintendent's recommendation, was unanimously approved.
c. PURCHASE OF 40 ACRES NEEDED FOR MITIGATION PURPOSES FOR NEW K-8
FACILITY
Approved purchase of property located at the North Half of Lot 2 in Section 32, Township 2 South, Range 31 West, in Escambia County between the Escambia County School Board and Mr. W. Jack Butler for mitigation purposes.
B. MAINTENANCE
"No items submitted."
IX. CURRICULUM & INSTRUCTION AND TRANSPORTATION
Backup material filed in Supplementary Minute Book, Exhibit N
Approved:
1. School Advisory Council (SAC) Nominations.
Dr. Jenkins discussed the importance of having the membership of the advisory
councils represent the ethnic makeup and economic status of the communities which
populate those schools, and he noted that peer elections will now be done. In
response to Mrs. Webb, Mrs. Pam Shelden, Director of Comprehensive Educational
Planning, verified that the forms referenced in the backup materials were corrected to
reflect elected membership for the four Pre-Kindergarten Centers (Sid Nelson, Judy
Andrews, Petree, and McMillan).
2. The Panhandle Area Educational Consortium Cost-Reimbursement Subcontract Agreement (Via Washington County School District).
3. Coca-Cola Connection.
4. Parental Awareness/Knowledge of Sunshine State Standards, Local Educational Reform Goals 2000 Continuation Grant Application.
5. Cooperative Agreement between the School Board of Escambia County, Florida and The University of West Florida for Environmental Services Training Program for Custodial Personnel.
6. Request for Proposals (application) from Tate High School for Initial Funding for the Establishment of a Career Academy.
7. Florida Department of Education Project Application Summary Center of Excellence, Automotive.
8. Florida Department of Education Project Application Summary Center of Excellence Heating, Ventilation and Air Conditioning (CEHVAC).
X. INTERNAL AUDITING
Backup filed in Supplementary Minute Book, Exhibit O
Approved:
A. INTERNAL FUNDS
1. Barrineau Park Elementary for fiscal year 1997-98
2. Bratt Elementary for fiscal year 1997-98
3. Century Elementary for fiscal year 1997-98
4. Edgewater Elementary for fiscal year 1997-98
5. Ernest Ward Middle for fiscal year 1997-98
6. Hallmark Elementary for fiscal year 1997-98
7. Judy Andrews Pre-K Center for fiscal year 1997-98
8. Lincoln Park Elementary for fiscal year 1997-98
9. Montclair Elementary for fiscal year 1997-98
10. Northview High for fiscal year 1997-98
11. Petree Pre-K Center for fiscal year 1997-98
12. Workman Middle for fiscal year 1997-98
B. PROPERTY CONTROL
1. Inventory Adjustment Reports
2. Surplus property items for cannibalization and scrap
3. Maintenance items for cannibalization and scrap
4. Permission to sell to the highest bidder and/or scrap items
Backup filed in Supplementary Minute Book, Exhibit P
1. INFORMATION ONLY: PTA Presentation
This presentation was given earlier in the meeting.
2. Discussion concerning scheduling an additional Board Workshop each month for specific items as deemed necessary by the Board to enhance the District Strategic Aims.
After discussion, motion by Dr. DeWitt, second by Mrs. Stidham, to set an additional
workshop on the fourth Wednesday of each month at 9:00 a.m. for the Superintendent to provide presentations or topics of information to the Board, was unanimously approved.
In response to Dr. Mason, Mr. May suggested that the meeting schedule for School Improvement Plan presentations be addressed at the January Board meeting. Dr. Mason requested that Board Members provide meeting dates and times of the Citizens' Advisory Committees for advertising purposes.
3. Approval of Ms. Blair Stephenson, new Director, The Foundation for Excellence in Education (October 27, 1998 - June 30, 2000).
Motion by Dr. DeWitt, second by Dr. Jenkins, to approve Ms. Blair Stephenson, new
Director, The Foundation for Excellence in Education, for a term effective October 27, 1998, through June 30, 2000, was unanimously approved.
STUDENT RECOMMENDATIONS
Mr. May noted the following requests and that Item #7 was pulled due to a family medical emergency:
Item #5 (Student Number 99-36-061), Request to Address the Board
Item #6 (Student Number 99-37-061), Request to Address the Board
PULLED: Item
#7 (Student Number 99-38-061), Request to Address the
Board
Item #8 (Student Number 99-51-411), Request to Address the Board
Item #13 (Student Number 99-61-281), Request Formal Hearing
Motion by Dr. Jenkins, second by Mrs. Stidham, to accept the Superintendent's recommendations on Item Numbers 4, 9-12, and 14-32, was unanimously approved.
4. Recommend that, consistent with the decision of the due process committee, student number 99-34-862 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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.
5. Ms. Constance Owens, 2355 West Michigan Avenue, Pensacola, Florida, requested that her son be put on probation next year to allow him to attend Bellview Middle School. She also asked that the Board look into the situation at the school concerning the Red Nation and Gold Nation.
Dr. Jenkins noted that the hearing officer had addressed the gang mentality and group
attacks of a student. Mr. Hammons advised that if the Board wished to change the recommended penalty, the Board would have to review the complete record and articulate the reasons for differing from the hearing officer's recommended order. It was noted during discussion that Ms. Owen had requested the hearing tape, and Mrs. Webb inquired concerning the protocol for obtaining the tape record. Mr. Hammons advised that the hearing officer would return the tape, which is a School District record, after preparing his order. Mr. Hammons suggested that Mr. Darriel White, Court Liaison, could follow up with the hearing officer concerning Ms. Owens' request.
After discussion, motion was made by Dr. Jenkins and seconded by Dr. DeWitt, to
approve the Superintendent's recommendation on Item Number 5, that consistent with the
decision of the formal hearing officer, student number 99-36-061 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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. The motion was unanimously approved.
6. Mr. Michael Tracy, 4526 Montpelier Drive, Pensacola, Florida, spoke concerning the recommendation for expulsion of his son. He expressed that his son had no prior disciplinary problems and felt that the period of expulsion was too harsh. He also discussed concerns regarding the Red Nation and Gold Nation matter.
After discussion, motion was made by Mrs. Webb and seconded by Mrs. Stidham, to accept the Superintendent's recommendation on Item #6, that consistent with the decision of the formal hearing officer, student number 99-37-061 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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. The motion was unanimously approved.
After discussion, motion was made by Mrs. Webb to direct the Superintendent to investigate the Red and Gold (Nation) situation at Bellview Middle School for report back at the January Board meeting. Dr. Jenkins seconded the motion and offered a friendly amendment that for both students (Item Numbers 5 and 6), that the Board look at the
students' records at the end of the school year, check conduct, and if exemplary, consider eliminating the second year of expulsion. Mrs. Webb accepted the friendly amendment. Dr. DeWitt expressed that the Superintendent may wish to comment now opposed to reporting back in January, and Mr. May stated that the Red and Gold Nation relates to the school mascot, referring to the Bellview Middle School Indians. He stated those are not gang titles or gang names; however, it was the determination of the hearing officer that groups of students who were part of the clusters (groups of 150 students assigned to six teachers within Bellview Middle School) went beyond and tried to assign an identity to that and tried to take on some gang tendencies.
Concerning the possibility of eliminating the second year of expulsion, Mr. Hammons stated that there have been occasions when a student has done well and the alternative program recommended that the student's expulsion be cut short by a period of time; however, procedures are involved whereby the Superintendent would confer with the receiving principal and if there was agreement, would submit that to the Board. It would then be the Board's discretion to rescind a period of expulsion and allow a child to be enrolled in regular school again.
Mrs. Webb stated that she would modify the motion but would request that the Superintendent relay the Board's concerns to the principal. After discussion, she restated the motion to follow proper protocol of district procedures (for possible reconsideration at the end of the school year relative to Item #5--Student Number 99-36-061 and Item #6--Student Number 99-37-061). Dr. DeWitt expressed that he did not see why there had to be a motion to follow our own procedure, noting that policies are already in place for the principals to make recommendations to the Superintendent. Dr. Mason called for the vote and the motion was approved 4-1 with Dr. DeWitt voting NO.
7. Recommend that, consistent with the decision of the formal hearing officer, student number 99-38-061 be expelled from all public schools of Escambia County for the remainder of the 1998-99 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. Hammons advised that an attorney was present relative to this item, and Mr. May verified that Item #7 was pulled from the agenda due to a medical emergency with the family. He advised that the item will be rescheduled for the next Board meeting if the parent wishes.
8. Mr. Andrew Talbert, Attorney, addressed the Board representing Student Number 99-51-411, and her mother, Mrs. Debra Simms, in support of the hearing officer's recommendation rather than the Superintendent's recommendation. He noted that the student has an exemplary school record and no past history of any violent or fight behavior.
Mr. Hammons stated that the hearing officer had recommended suspension through the date of the Recommended Order, which was November 30, 1998. He advised that the principal had agreed with the Superintendent's recommendation (for adoption of the formal hearing officer's Recommended Order with the exception of the hearing officer's recommended penalty; and in lieu of the hearing officer's recommended penalty, recommended that the Board expel student number 99-51-411 only for the first full semester of the 1998-99 school year). Mr. Hammons discussed the Superintendent's recommendation for this student who, according to the hearing officer, was substantially less involved and had several mitigating circumstances in her favor, opposed to the other student who was expelled for the remainder of the year.
After discussion, motion was made by Dr. DeWitt and seconded by Mrs. Webb, to support the hearing officer's recommendation on Item #8 (student number 99-51-411), recommending a period of suspension not to exceed that which the student has currently served up to the date of this Recommended Order (November 30, 1998). The motion was unanimously approved.
9. Recommend that, consistent with the decision of the due process committee, student number 99-57-061 be expelled from all public schools of Escambia County for the remainder of the 1998-99 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.
10. Recommend that, consistent with the decision of the due process committee, student number 99-58-2033 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 school year.
11. Recommend that, consistent with the decision of the due process committee, pursuant to the authority of Section 232.26(2), Florida Statutes, student number 99-59-411 be suspended from all classes of instruction on public school grounds during regular classroom hours until such time as the pending criminal charges are concluded, at which time the Superintendent will make further recommendation regarding suspension, expulsion, or re-enrollment of this student. The indefinite suspension provided herein shall not affect the delivery of educational services to the pupil, and the pupil should be immediately enrolled in a day-time alternative educational program.
12. Recommend that, consistent with the decision of the due process committee, student number 99-60-591 be expelled from all public schools of Escambia County for the remainder of the 1998-99 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.
13. Recommend that, consistent with the decision of the due process committee, student number 99-61-281 be expelled from all public schools of Escambia County for the remainder of the 1998-99 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.
Motion by Dr. Jenkins, second by Dr. DeWitt, to appoint a hearing officer and approve formal hearing for Item #13 (student number 99-60-591), was unanimously approved.
14. Recommend that, consistent with the decision of the due process committee, student number 99-62-281 be expelled from all public schools of Escambia County for the remainder of the 1998-99 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.
15. Recommend that, consistent with the decision of the due process committee, student number 99-63-281 be expelled from all public schools of Escambia County for the remainder of the 1998-99 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.
16. Recommend that, consistent with the decision of the due process committee, student number 99-64-521 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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.
17. Recommend that, consistent with the decision of the due process committee, pursuant to the authority of Section 232.26(2), Florida Statutes, student number 99-65-411 be suspended from all classes of instruction on public school grounds during regular classroom hours until such time as the pending criminal charges are concluded, at which time the Superintendent will make further recommendation regarding suspension, expulsion, or re-enrollment of this student. The indefinite suspension provided herein shall not affect the delivery of educational services to the pupil, and the pupil should be immediately enrolled in a day-time alternative educational program.
18. Recommend that, consistent with the decision of the due process committee, student number 99-66-171 be expelled from all public schools of Escambia County for the remainder of the 1998-99 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.
19. Recommend that, consistent with the decision of the due process committee, student number 99-67-281 be expelled from all public schools of Escambia County for the remainder of the 1998-99 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.
20. Recommend that, consistent with the decision of the due process committee, student number 99-68-862 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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.
21. Recommend that, consistent with the decision of the due process committee, student number 99-69-281 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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.
22. Recommend that, consistent with the decision of the due process committee, student number 99-72-862 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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.
23. Recommend that, consistent with the decision of the due process committee, student number 99-73-521 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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.
24. Recommend that, consistent with the decision of the due process committee, student number 99-75-281 be expelled from all public schools of Escambia County for the remainder of the 1998-99 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.
25. Recommend that, consistent with the decision of the due process committee, student number 99-76-281 be expelled from all public schools of Escambia County for the remainder of the 1998-99 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.
26. Recommend that, consistent with the decision of the due process committee, student number 99-77-521 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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.
27. Recommend that, consistent with the decision of the due process committee, student number 99-78-521 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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.
28. Recommend that, consistent with the decision of the due process committee, student number 99-79-411 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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.
29. Recommend that, consistent with the decision of the due process committee, student number 99-81-862 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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.
30. Recommend that, consistent with the decision of the due process committee, student number 99-82-411 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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.
31. Recommend that, consistent with the decision of the due process committee, student number 99-83-1231 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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.
32. Recommend that, consistent with the decision of the due process committee, student number 99-97-411 be expelled from all public schools of Escambia County for the remainder of the 1998-99 school year and all of the 1999-2000 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.
XII. ITEMS FROM THE BOARD
1. Item from the Board - Update on Gifted Task Force - Dr. John DeWitt
Motion by Dr. DeWitt, second by Mrs. Stidham, to accept the recommendations of the Task Force and appoint three additional members (Mrs. Jan Williamson, Ferry Pass Middle School; Dr. Kathryn Evans, Montclair Elementary; and Mr. Norman Ross, Pensacola High School) to serve on the Gifted Task Force, was unanimously approved.
2. Item from the Board - Dr. John DeWitt
Dr. DeWitt presented a statement proposing four motions for Board consideration as follows:
A) Motion was made by Dr. DeWitt and seconded by Mrs. Stidham, that the Board reaffirms that no Board Member or any staff will authorize access to public records, which are not specifically his or her records. Dr. Mason requested clarification. Dr. DeWitt suggested that written authorization could be given for access of records in these instances. Mrs. Webb stated that public records law addresses a custodian or designee and clarification is needed in terms of specifying who is the custodian of the record. Mr. Fleming advised that he had been contacted by the State's Attorney concerning a records request. He explained that Board Members were out of town and Mrs. Webb's records were being redacted in an effort to comply with the request. He discussed the importance of addressing how to make School Board Members' records available for inspection between 8-5, with someone to monitor those inspections, and someone who is going to be responsible for redacting and separating information that cannot be disclosed from information that must be disclosed. Dr. Mason suggested that the attorneys recommend something to the Board if there is conflict in the statute or conflict between law and School Board Rules to get this matter settled.
The Board recognized the following speaker:
Ms. Laura Whiteside, Attorney, expressed that public records are the agency's records and not individual School Board Members' records. She referred to the Superintendent's public records process and the Superintendent's responsibility as Secretary and Executive Officer of the School Board. She suggested creating a system that works for everyone, with a point person who understands the Family Educational Rights Privacy Act (FERPA). She also noted that annual workshops are held for training on public records issues.
Mrs. Webb expressed that this is a liability issue for the district in terms of guarding privacy rights of students, as well as the risk of losing federal funding. She requested that the Board consider this matter an emergency item in order to ask the Attorney General for clarification.
Mr. May commented that the district and the School Board are two different entities, and that the Superintendent becomes custodian of the records, if after leaving office, a School Board Member decides to make the Superintendent custodian of records. Mr. Hammons noted that while the Superintendent is in charge of district records, that does not make the Superintendent responsible for the records of Board Members, such as correspondence or E-Mail, over which he has no control or access.
The Board recognized the following speaker:
Ms. Arlene Costello, Escambia Education Association President, stated that teachers maintain confidentiality of student records, which are separated from other records.
After discussion, Dr. Mason called for the vote and the motion failed 3-2 with Dr. Mason, Mrs. Stidham, and Mrs. Webb voting NO.
B) Motion was made by Dr. DeWitt, that the Board reaffirms the Board's policy regarding the use of attorneys, only as related to items which relate to the operation of the School District and not for personal use or work such as reviewing files, representing an individual in personal litigation. Any unauthorized legal expenses incurred by actions of an individual Board Member will be that Board Member's responsibility. The motion was seconded by Dr. Jenkins.
In response to Dr. Mason, Dr. DeWitt stated that this issue involved unauthorized legal expenditure incurred by action of an individual Board Member, Dr. Mason, who authorized the attorney to review Mrs. Webb's records when Mrs. Webb was out-of-town. Mr. Fleming advised that the review was an emergency issue initiated by a December 2, 1998, letter forwarded to him by the State's Attorney stating they wanted the records (relative to a citizen's request) available by the end of that week. He noted that Board Members were out of town at the time. He stated that the records were voluminous and were not segregated by privacy and non-privacy act, so it took time to make sure the law was complied with and affected the whole district. He expressed that policies are needed, perhaps a procedure to segregate records and keep confidential records in a separate file. He suggested in the review process that any files in question could be kept in a separate folder and turned over to the attorney to review.
Mrs. Webb stated for the record that there are files of her public records that are in order and are accessible and for this particular citizen's request, that citizen had been granted at least 15 hours with the prepared record and was not finished reviewing that record. She stated that she had repeatedly expressed concerns to the Board that additional assistance was needed. Mrs. Webb also stated that she had made request in writing of the secretary for the records request to be accommodated with any questions concerning confidentiality to be directed to Ms. Barbara Frye, Director, Information Services.
The Board recognized the following speakers:
1) Mr. Stephen Rome, 3840 Yesteroaks Drive, Pensacola, Florida, 32504, expressed support for
Dr. DeWitt's motions B, C, and D. He inquired as to a possible ethics conflict, and Mr. Fleming stated that he did not see an ethics conflict, noting that he had acted on directions from the Board Chairman.
2) Ms. Karen Dany, 10434 Waterford Drive, Pensacola, Florida, 32514, expressed opposition concerning motion C.
After discussion, Dr. Mason called for the vote and the motion failed 3-2 with Dr. Mason, Mrs. Stidham, and Mrs. Webb voting NO.
C) Motion was made by Dr. DeWitt that the Board will not pay for any legal expenses related to the individual actions of a Board Member. Mrs. Stidham seconded the motion and offered a friendly amendment that the Board will not pay unless the action results in acquittal of the Board Member. Dr. DeWitt accepted Mrs. Stidham's amendment and restated as a substitute motion that the Board approve normal and customary legal expenses only after the individual Board Member has been adjudicated innocent by the courts. The substitute motion was seconded by Mrs. Stidham. Mr. Hammons noted in the event the Board Member was found not guilty and acquitted, that Board Member can make application to the Board for reimbursement of legal expenses they incurred. After discussion, Dr. Mason called for the vote and the motion was approved 3-2 with Dr. Mason and Mrs. Webb voting NO.
D) Motion was made by Dr. DeWitt and seconded by Mrs. Stidham, that staff will not be required to do any work related to any legal actions against a Board Member; Board Members will not be allowed to use district resources at taxpayers expense to defend any litigation against them personally.
Dr. DeWitt expressed concern that the Board Secretary not have to take on additional responsibility of extra legal paperwork related to litigation, and he suggested the possibility of honoring Mrs. Webb's request from last month to employ part-time help. Mrs. Webb expressed that a School Board Rule change relative to the Board Secretary would be involved. After discussion, Dr. DeWitt tabled said motion.
3. Item from the Board - Televising Board Meetings - Dr. John DeWitt
Dr. DeWitt noted that staff had provided information in the workshop regarding costs and he made a motion to approve televising the Regular Board meetings beginning in July, 1999, which would give time to prepare the budget to provide the necessary resources, and that the Board commit to budget it and start televising in July. The motion was seconded by Dr. Jenkins.
The Board recognized the following speaker:
Mr. Bob Husbands, Executive Director, Escambia NEA UniServ, expressed that children are the first priority for any available resources and suggested that consideration be given to televising after factoring the costs into the budget with other priorities.
Dr. DeWitt expressed that the intent was to plan and budget according to needs and begin broadcasting in July. Dr. Mason called for the vote and the motion was approved 4-1 with Mrs. Webb voting NO.
4. Item from the Board - Dr. Elmer Jenkins
Dr. Jenkins stated that he had addressed the School Advisory Council (SAC) issue under Item IX.1 (SAC nominations).
5. Item from the Board - Removing Attorney Cap - Dr. Hal Mason
Dr. Mason commented that Dr. DeWitt had made a motion last month concerning employment of the interim Board Attorney with a cap and a 30-day time frame. In response to Dr. Mason, Dr. DeWitt stated that he could not support removing the cap. Dr. Mason stated that he would entertain a motion to remove the 30-day cap and remove the $5,000 limit so that the Board has the same consideration that the Superintendent has with his attorney. Mrs. Webb so moved. Mrs. Stidham seconded the motion. Dr. DeWitt asked if Mr. Fleming was willing to serve as interim attorney for an additional 30 days. Mr. Fleming replied that he had anticipated at least another 60 days before the Board would be able to retain full-time counsel. After discussion, the motion was approved 4-1 with Dr. DeWitt voting NO.
6. Item from the Board - Advertising for School Board Attorney - Dr. Hal Mason
Dr. Mason stated that a decision would have to be made on hiring an in-house attorney or contract attorney, and he asked for input from the interim attorney. Mr. Fleming stated that it would normally be less expensive to bring legal services in-house if they would be needed for 20 hours a week minimum. Another advantage of in-house counsel is having one client versus numerous clients, and they are available when needed.
Dr. Jenkins expressed opposition to hiring an in-house attorney, which could run as much as $350,000-$450,000 based on information from other counties.
Motion was made by Dr. DeWitt that the Board hire a contract attorney with the Superintendent's staff through Purchasing to be authorized to advertise for interest, receive applications, and set a deadline by January 15, 1999. Dr. Jenkins seconded the motion. Dr. DeWitt noted that there were specialized areas of law such as workers' compensation and labor relations which the former Board Attorney had farmed out, and an in-house attorney
would not be a specialist in all of those areas. Mr. Hammons commented that hiring an in- house lawyer will not eliminate the need for someone to do specialized areas such as Risk Management, workers compensation, employment litigation, and automobile accident litigation.
Discussion was held concerning prior legal costs, and Dr. Clarence Ladner, Special Assistant for School/Community Services, stated that the Comptroller had advised that the average cost for legal services for the past three years was approximately $245,000 to $250,000 per year.
The Board recognized the following speaker:
Mr. Bob Husbands, Executive Director, Escambia NEA UniServ, commented that a hiring freeze was in effect and that hiring a position into the staff at this point and perhaps others, would send a very bad message to the employees covered by the hiring freeze.
Mrs. Stidham inquired as to the proposed salary to be advertised for an in-house attorney. Mr. Fleming advised that an advertisement would typically state "salary commensurate with experience." Dr. Mason noted that the Board will make the final decision on attorney and cost.
After discussion, Dr. Mason called for the vote and the motion was approved 3-2 with Dr. Mason and Mrs. Stidham voting NO. Mrs. Webb requested clarification on the prior motion and requested a revote. Dr. Mason clarified that the motion called for a contract attorney, opposed to an in-house attorney, and called for a revote. The motion failed 3-2 with Dr. Mason, Mrs. Stidham, and Mrs. Webb voting NO.
Dr. Mason asked if there was an equal motion for an in-house attorney. Mrs. Stidham so moved. The motion was seconded by Mrs. Webb. Mr. May requested clarification in terms of whether the in-house attorney would be part of the Personnel Planning Document and whether the Board was requiring the Superintendent to do the search and make a recommendation. Dr. Mason replied no, they are not. Mr. Fleming stated that he saw no reason why the Board could not treat the in-house attorney in the same employment manner as the full-time School Board Secretary. Mr. May verified that the in-house attorney would not be listed on the Personnel Planning Document; thereby, it would become the Board's prerogative to interview, hire, and set the guidelines. This would be an extra position created by the Board for the Board.
Dr. Mason called for the vote and the motion was approved 3-2 with Dr. DeWitt and Dr. Jenkins voting NO.
7. Item from the Board - Mrs. Vanette Webb
Mrs. Webb noted that a speaker at the Board workshop had referred to Florida Statutes concerning home school students and had requested that home school students be allowed to participate in all-county band. Mrs. Webb spoke in favor of allowing the students to try out and participate if they qualify and suggested the possibility of having a committee from Santa Rosa County to oversee the try outs. Motion was made by Mrs. Webb that the School Board allow home school students to participate in all-county band in accordance with Florida Statutes that were recently passed. The motion was seconded by Mrs. Stidham.
In discussion with staff, Mr. Pettis requested that action be postponed since Dr. Larry Reed, Music Specialist, was not present, and based input that had been received from Dr. Reed and band directors within the district; in addition, Ms. Ella Sims, Director of Secondary Education, would have an opportunity to address questions on curricular and extra-curricular factors and come back with a recommendation. Mr. Pettis also expressed concern in terms of making a special provision for one group of students when there are students enrolled in public schools who were denied the opportunity to participate because they were not enrolled in those curricular courses. Mr. Hammons advised that home school students have a legal right to participate in interscholastic extracurricular activities; however, all-county chorus, orchestra, and band are different entities. Mr. Fleming added that statute would require enrolling the students in band, and if they were already enrolled in band in the home school situation, that would be a duplication of their academic efforts (having to take two academic courses, opposed to public school students who take one academic course to participate). Mrs. Webb stated that staff could look at the guidelines including the clauses that restrict public school students as well. Mr. May stated that the Board had agreed at the workshop that the attorney was going to come back to the Board with a decision on legality or illegality and allow time to research it. Mrs. Stidham asked if the all-county band participants had been selected. Mr. Pettis stated that the selections had been made. After discussion, the motion failed 4-1 with Dr. DeWitt, Dr. Jenkins, Dr. Mason, and Mrs. Stidham voting NO.
Concerning proposed appointment of Chairman of the Citizens' Advisory Committee on Finance, Mrs. Webb stated that her emphasis was more in the area of curriculum, and Dr. Mason stated that he would serve as Chairman of the Citizens' Advisory Committee on Finance.
XIII. ITEMS FROM THE ATTORNEY
No items were submitted.
XIV. ADJOURNMENT
Motion by Mrs. Stidham, second by Dr. DeWitt, to adjourn, the time being 11:47 p.m., was unanimously approved.
Attest: Approved:
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Superintendent Interim Chairman