THE SCHOOL BOARD OF

ESCAMBIA COUNTY, FLORIDA

MINUTES, MARCH 22, 2004

            The School Board of Escambia County, Florida, convened in Public Forum at 5:30 p.m., in Room 160, at the J.E. Hall Educational Services Center, 30 East Texar Drive, Pensacola, Florida, with the following present:

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

            Board Members:           Mr. Gary Bergosh

                                                Mr. Ronnie L. Clark 

                                                Ms. Finkelstein

            School Board Attorney:              Mr. Francisco M. Negron, Jr.

            Superintendent of Schools:         Mr. Jim Paul

Mrs. Stidham called the Public Forum to order at 5:30 p.m.

INVOCATION AND PLEDGE OF ALLEGIANCE

            Mrs. Peggy Pilcher gave the invocation and Mr. Clark led the pledge of allegiance.

PUBLIC FORUM

The Board recognized the following speakers who addressed various subjects:

            (Supplementary Minute Book, Exhibit “A”)

Name                                                   Issue

Craig Exner                                          “Suspension Without Pay” (Item VII.B.5)

Bonnie Exner                                        “Memories of Successful Teaching in Escambia County”

            George Harrison                                    Educational Support Personnel Issues    

            Tami Buzbee                                         Educational Support Personnel Issues    

     I.               CALL TO ORDER/ADOPTION OF AGENDA

Mrs. Stidham called the Regular Meeting to order at 5:40 p.m.  The Superintendent listed the additions, deletions, amendments and corrections to the agenda. (see margin notes)  On motion made by Dr. DeWitt and seconded by Mr. Clark, adoption of the agenda (as amended), was approved unanimously.

   II.               PROPOSED ADDITIONS OR REVISIONS TO SCHOOL DISTRICT RULES

(Supplementary Minute Book, Exhibit “B”)

A.     Permission to Adopt 

-No items submitted

B.     Permission to Advertise

1.       Notice of Intent to Advertise Amendment to School District Rule 6Gx17-1.17 - Non-Discrimination

Motion by Dr. DeWitt, seconded by Mr. Clark, to approve for advertising, “Amendment to School District Rule 6Gx17-1.17 – Non-Discrimination,” was unanimous.

2.       Notice of Intent to Advertise Amendment to School District Rule 6Gx17 – 5.04(6)(c)(d)(e)(f)(g) - Telephone Service for Schools

Motion by Dr. DeWitt, seconded by Mr. Bergosh, to approve for advertising, “Amendment to School District Rule 6Gx17-5.04(6)(c)(d)(e)(f)(g) - Telephone Service for Schools,” was unanimous.    

3.       Notice of Intent to Advertise Amendment to School District Rule 6Gx17-2.12(1)(k) - School Volunteers

Motion by Mr. Clark, seconded by Dr. DeWitt, to approve for advertising, “Amendment to School District Rule 6Gx17-2.12(1)(k) – School Volunteers,” was unanimous.   

THE FOLLOWING ITEM WAS MOVED FORWARD: Administrative Appointment (Item VII.B.1)

                                    FROM                                      TO                                                       DATE

David Williams Teacher/Pensacola High            Assistant Principal/Pensacola High         03/01/04

Motion by Ms. Finkelstein, seconded by Mr. Clark, to accept the Superintendent’s recommendation for the administrative appointment of David Williams from teacher/Pensacola High to Assistant Principal/Pensacola High, effective March 1, 2004, was approved unanimously.   

III.               APPROVAL OF MINUTES

1.       02-16-04 REGULAR WORKSHOP

2.       02-16-04 SPECIAL MEETING

3.       02-17-04 REGULAR MEETING

      Motion by Dr. DeWitt, seconded by Mr. Clark, to approve the minutes as listed (Items 1 through 3), was unanimous. 

IV.               COMMITTEE/DEPARTMENTAL REPORTS

1.       Stellar Employee Recognition

      The Superintendent announced that Mrs. Sharon Phillips, Administrative Secretary for the Maintenance Department, was the Stellar Employee for the month of March.  Mrs. Phillips received a plaque and pin from the School District and a check in the amount of $100 donated by Members First Credit Union.

2.       PTA Presentation

      Ms. Debbie King, President, Escambia County Council PTA (ECCPTA), gave a brief update of the recent and upcoming activities of the PTA and expressed her appreciation to the Board and the Superintendent for their support.

3.       Living Well in Escambia County Schools Month/Fit to Achieve Day/Walk for Wellness Day – Resolution

The Superintendent read the following resolution:

WHEREAS, the health and well-being of students and employees are vitally important to the school district; and

WHEREAS, the mission of the Physical Education, Health, and Wellness Programs in the schools is to promote highest student achievement and a lifelong commitment to wellness through a healthy and physically active lifestyle; and

WHEREAS, the key finding in many recent government reports and in both the Governor’s Task Force on the Obesity Epidemic and the School Board’s Task Force to Study Childhood Obesity Issues is that people of all ages can improve the quality of their lives through a lifelong practice of healthy nutrition and physical activity;

NOW, THEREFORE, BE IT RESOLVED, that the School Board of Escambia County does hereby recognize the month of April, 2004, as

LIVING WELL IN ESCAMBIA COUTNY SCHOOLS MONTH

and Friday, April 2, 2004, as

FIT TO ACHIEVE DAY

and Saturday, April 17, 2004, as

WALK FOR WELLNESS DAY

and encourages all schools to join the Department of Physical Education, Health, Wellness, Driver Education and Athletics and the Escambia Physical Education Association to promote the concepts of “Living Well” to students and employees during the month of April, to provide students and employees with 15 minutes of physical activity on April 2nd, and to encourage students and employees to participate in the Walk for Wellness on April 17th, thus calling attention to the importance of Physical Education, Health and Wellness Programs in our schools. 

        BE IT FURTHER RESOLVED, that a copy of this resolution be spread upon the minutes of the regular meeting of said Board and a copy be tendered to Rod Voss, President of the Escambia Physical Education Association and to each Escambia County, Florida public school and appropriate school district personnel. 

Motion by Mrs. Stidham, seconded by Dr. DeWitt, to adopt the “Living Well in Escambia County Schools Month/Fit to Achieve Day/Walk for Wellness Day” resolution, was unanimously approved. 

  V.               CONSENT AGENDA

The following items were pulled from the Consent Agenda for separate vote: Item V.B.10 (due to a speaker who had requested to address the Board concerning this item); and Item V.D.4 by Dr. DeWitt.  On motion by Ms. Finkelstein and second by Mr. Bergosh, the Consent Agenda, except for items pulled, was approved unanimously.

A.     Curriculum and InstructION

                  (Supplementary Minute Book, Exhibit “C”)

                  1.   Reading Endorsement Add-on Program

2.       School Advisory Council Additions/Deletions

3.       Reading First Grant

4.       Voluntary Public School Choice Mentor Grant

5.       Transportation Reimbursement Request

6.       Approval of Textbook Adoptions

7.       Florida Department of Education Project Application (Even Start Project for Century)

B.     FINANCE

      (Supplementary Minute Book, Exhibit “D”)

1.       Authorization for payrolls and vouchers for the month of April 2004

2.       Check Register for the month of February 2004

3.       Financial Statement for the month of February 2004

                                    4.         Legal Services:

                  Summary of all legal expenses

5.   Legal Services:

                  General Fund

                 a)   Hammons, Longoria & Whittaker, P.A.                          $       256.50

                 b)   Hammons, Longoria & Whittaker, P.A.                          $    3,415.50

                 c)   Hammons, Longoria & Whittaker, P.A.                          $         81.00                                                $       558.00

                 d)   Hammons, Longoria & Whittaker, P.A.                          $       553.50                                                 $       618.23

                 e)   Kievit, Odom & Barlow                                                $         83.50

                 f)    Moyle, Flanigan, Katz, Raymond & Sheehan, P.A.          $    4,501.14

                 g)   Arthur A. Shimek, P.A.                                                 $       430.00

                 h)   Allbritton and Gant                                                        $       350.00

                 i)    George E. Loomis                                                         $         60.00

                 j)    Eric C. Eggen                                                               $       400.00                                                                            

6.   Legal Services:

                              Risk Management Fund

                              a)   Hammons, Longoria & Whittaker, P.A.                          $    6,608.00

                              b)   Hammons, Longoria & Whittaker, P.A.                          $       999.00                                                                       

7.   Disposal of Capitalized and Non-Capitalized Assets:

a)      Auction Lists I and II for March 2004

b)      Scrap Lists I and II for March 2004 

c)      Disposal and Demolition of Two Portable Classrooms at Tate High School

8.       Budget Amendments:

                                                     a)                                   Resolution 7: General Operating Fund

b)      Resolution 6: Other Special Revenue

c)      Resolution 2: Special Revenue – Food Service

d)      Resolution 6: Capital Projects Fund 

9.       Financial Status Report on Projects and Grants

AMENDED                                                                      10.                    Resolution authorizing the issuance of Refunding Certificates of Participation, Series 2004 

      (NOTE: This item was previously addressed at the March 12, 2004 Regular Workshop.)  Motion was made by Mrs. Stidham and seconded by Mr. Clark, to approve a resolution authorizing the issuance of Refunding Certificates of Participation, Series 2004.

      The Board recognized Stanley Livengood, who requested that the Board consider issuing a Request for Proposal (RFP) to solicit an underwriting team to carryout this refinancing transaction. 

      Mrs. Barbara Linker, Assistant Superintendent for Finance and Business Services, indicated that once this transaction was accomplished, the District could issue an RFP to solicit a long-term underwriting team to carryout future financing transactions.  However, she believed that the timeliness of this particular transaction, in that tax-exempt interest rates were currently near their absolute lows for the past twenty years, necessitated continuing with the current underwriting team.  Mr. Bergosh stated that he would support the motion due to the timeliness of the transaction, however, he requested a “guarantee” from the Superintendent that an RFP would be issued in the future.  In response, the Superintendent assured Mr. Bergosh that the issuance of an RFP would be considered in the future.  Motion was approved unanimously.

11.      Resolution requesting the issuance of S.B.E. Capital Outlay Bonds, Series 2004-A

12.      Update on Response to Escambia County District School Board’s Operational Audit for the period of July 1, 2001 through June 30, 2002

C.     HUMAN RESOURCE SERVICES

      (Supplementary Minute Book, Exhibit “E”)

1.       Instructional/Professional

a.       Appointments

NAME                               POSITION                   DATE              WORK LOCATION

      DeMarcus, David                Law Enf Ins                  02/17/04            George Stone (part-time)

McAvoy, Keena                  Physical Therapist         02/09/04            ESE/Hall Ctr

Pearson, Arnold                  Teacher                                    01/27/04            George Stone (part-time)

Perritt, Ricky                       Law Enf Ins                  03/01/04            George Stone (part-time)

Smith, Jacquelyn                  Zone Manager              02/20/04            Custodial Services

Vega, Patrick                      Law Enf Ins                  03/01/04            George Stone (part-time)

      Watson, Lisa                       Speech Lang Path         02/23/04            ESE/Hall Ctr (part-time)

b.       Reappointments

1.       Annual

            NAME                                     LOCATION                 DATE

-None

2.       Professional

-None

3.       4th Year Annual

-None

c.       Transfers

NAME                               FROM                          TO                               DATE

Strait, Shirley                       Weis                             ESE/Hall Ctr                 02/02/04

Strait, Shirley                       ESE/Hall Ctr                 Spencer Bibbs               02/11/04

                        d.   Out-of-Field

1.       Appointments

Headley, Bonita             Teacher                        02/19/04            Weis (part-time)

2.       Reappointments

-None

3.       Transfers

-None

4.       Other

Williams, Ronald            PHS Comm School        01/21/04

e.       Resignations/Retirements

Dzurinda, Joseph                 Programmer Analyst     Data Ctr                       02/27/04

Joyner, Tammy                   Teacher                                    Workman Mid               02/27/04

Lanclos, Paul                      Teacher                                    West FL High               03/12/04

McClure, Patricia                TSA/Science                 Hall Ctr                                    03/08/04           

Peacock, Linda                   Teacher                                    Ernest Ward                 02/09/04

Thedford, Ruth                    Teacher                                    Pleasant Grove              03/31/04 (Ret)

f.        Special Requests

1.   Request approval for leave of absence without pay for the following personnel:

Breeden, Kerri              Teacher/Ransom                       02/18-04/21/04

Wallace, Tamela           Teacher/Lipscomb                     02/16-04/02/04

                                                *FMLA           

2.   Rescind appointment for Terry Knowles, Zone Manager, Custodial Services who declined the appointment.

3.   Request approval for Carolyn Stallworth, teacher at Tate and Bill Farinas, teacher at George Stone to teach students at the Escambia County Jail from January through May, 2004 and to be paid at their regular hourly rate of pay from Career and Technical Education/Sheriff’s Department.    

AMENDED          4.   Information Only – Superintendent has directed a two-step increase for the following personnel who have increased job responsibilities to be effective July 1, 2003:

      Jennie Lynn Murphy      Financial Analyst/Budgeting

2.       Educational Support Personnel

a.       Appointments

NAME                                           JOB TITLE                  EFF DATE       LOCATION    

      McCorvey, Michelle                        Admin Clerk II              03/04/2004        ESE

(NOTE: Approved by staff to advertise for permanent hire.)

b.       Temporary Promotions

                              NAME                               FROM                          TO                               DATE             

Anderson, Lisa                    Asst FS Mgr                 Fd Srvc Mgr III             02/23/2004

                                          Pleasant Grove              Ferry Pass Mid             *

Ard, Helen Denise               Tchr Asst                     Admin Clerk II              02/24/2004

                                          Longleaf Elem               Longleaf Elem               *

Barton, Larelda                   Admin Clerk II              Media Acqui Tech         02/02/2004

                                          Ransom Mid                 Media Services             *

Childers, Vincent                 Lead Elec Tech             Electronics Supv            01/20/2004

                                          Maintenance                 Maintenance                 01/30/2004

Cotton, Mark                       Equip Oper III               Stkpr Tech II                02/27/2004

                                          Central Whse                Central Whse                *

Edler, Quincy                      Tchr Asst Spec             Adm Sch Sec I              02/23/2004

                                          A. V. Clubbs                 Pensacola High             *

Hamilton, Rebecca              Fd Srvc Asst II             Fd Srvc Mgr III             02/05/2004

                                          Ferry Pass Mid             Ferry Pass Mid             02/20/2004

Jackson, Alyshia                  Admin Clerk II              Admin Sch Sec II          01/12/2004

                                          Lincoln Park                 Lincoln Park                 01/27/2004

McCaskill, Lanora               Tchr Asst Spec             Admin Clerk II              02/13/2004

                                          Ransom Mid                 Ransom Mid                 *

Parkerson, Debra K            Fd Srvc Asst I               Asst Fd Srvc Mgr          02/16/2004

                                          Escambia High              Escambia High              *

Phillips, Brenda                   Admin Clerk I               Admin Clerk II              02/09/2004

                                          Transportation               Media Services             *

Phillips, Carolyn                   Cust Wrkr I                  Cust Supv                     02/19/2004

                                          Tate High                     Tate High                     *

Pierce, Linda                       Fd Srvc Asst I               Fd Srvc Asst II             02/23/2004

                                          Blue Angels                  Blue Angels                  *

Rease, James                      Strkpr Tech II               Strkpr Tech III              02/23/2004

                                          Central Whse                Central Whse                **

Venable, Cynthia                 Tchr Asst                     Admin Clerk II              01/05/2004

                                          Longleaf                       Longleaf                       02/23/2004

*Temporary promotion due to hiring freeze.

**Temporarily replacing employee on sick leave. 

c.       Resignations/Retirements

NAME                                  JOB TITLE                  EFF DATE       LOCATION

Antone, Joseph                       Cust Wrkr I                  01/23/2004        George Stone

Arnold, Gayla R.                    Erly Childhood Asst       02/20/2004        Sid Nelson

Burnett, Thomas                     Sch Bus Oper               02/19/2004        Transportation

Daughtry, Joy                         Fd Srvc Asst I               02/20/2004        Bailey Mid

Witherspoon, Jimmie  (Ret)     Hvy Equip Mech           02/28/2004        Transp Garage

d.       Terminations

NAME                               JOB TITLE                  EFF DATE       LOCATION

      Gordon, Maria                     Cust Wrkr I                  02/26/2004        Cordova Park

      Hawsey, Haley                   Fd Srvc Asst I               02/13/2004        Ferry Pass Elem

      Newman, Donna                 Sch Bus Oper               02/27/2004        Transportation  

e.       Suspensions

-No items submitted

ADD                                  -     Employee #45020-4108-14 be suspended without pay for ten (10) working days, effective

March 23, 2004 for misconduct. 

ADD                                  -     Employee #45020-4108-16 be suspended without pay for five (5) working days, effective

March 23, 2004 for misconduct. 

ADD                                  -     Employee #45020-4108-123 be suspended without pay for three (3) working days, effective

                                                March 23, 2004 for misconduct.

ADD                                  -     Employee #45020-4108-179 be suspended without pay for three (3) working days effective

                                                March 23, 2004 for misconduct. 

ADD                                  -     Employee #5501-0866-1 be suspended without pay until further notice effective

March 23, 2004 for misconduct. 

ADD                                  -     Employee #5501-0411-10 be suspended without pay until further notice effective

March 23, 2004 for misconduct. 

f.        Dismissals  

      -No items submitted

g.       Leave of Absence                          

NAME                               TITLE/LOCATION                  DATES                                    REASON

            Arnold, Gayla (Ext)             Erly Childh’d/Sid Nelson            01/26/04-02/20/04          Medical

            Blum, Velma (Ext)              Sch Bus Oper/Transp                02/02/04-05/21/04          Medical

            Brye, Patricia (Ext)             Fd Srvc Asst I/Sp Bibbs             02/02/04-05/24/04          Medical

            Cook, Judy (Ext)                 TA Spec/Wedgewood               02/24/04-03/19/04          Medical

            Fillingim, Rhonda                 Sch Bus Oper/Transp                01/27/04-03/27/04          Medical*

            Gollub, Lisa                         Sch Bus Oper/Transp                02/24/04-03/31/04          Medical*

            Gordy, Robin                       Sch Bus Oper/Transp                02/26/04-02/25/05          Personal

            Hudgins, Tonia (Ext)            Adm Sch Sec I/Woodham          02/17/04-03/19/04          Medical

            Johnson, Karen                   Fd Srvc Asst II/Sp Bibbs           02/09/04-03/09/04          Medical*

            Knight, Melva (Ext)             Adm Clk II/Pensacola Hi           01/01/04-03/05/04          Medical**

            McMorris, Brenda (Ext)      Sch Bus Oper/Transp                02/02/04-03/01/04          Medical

            O’Connor, Dianne (Ext)       Sch Bus Oper/Transp                01/01/04-07/30/04          Medical

            Potter, Shirley (Ext)             Cust Wrkr I/Cust Services         12/22/03-12/31/04          Medical

            White, Marsheal                  Fd Srvc Asst I/Myrtle Grv         02/04/04-04/28/04          Medical*

*FMLA

** Documentation received in ESP on 03/02/2004.

                        h.   Special Requests

-     Rescind termination dated 1/16/04 for Gloria Clausell, Teacher Assistant at Clubbs Alternative.  Employee on 2/11/04 requested retirement with effective date of 1/16/04.                          

3.       Risk Management

      a.   Worker’s Compensation Medical Bill – Case #0300179

4.       Employee Services

1.   Memorandum of Understanding between the Escambia District School Board and the Escambia                   Education Association regarding XIII.5 - Compensation for Part-Time Work, to establish the               rate of compensation.

                        2.   Memorandum of Understanding Authorizing the Escambia Career Leadership Program (ECLP)

                        3.   Memorandum of Understanding between the Union of Escambia Education Staff Professionals (EESPA, EEC/CA, and EASE) and the School District of Escambia County regarding paid days off schedule for ESP as per the Omnibus Settlement Agreement

5.       Affirmative Action

-No items submitted      

D.     PURCHASING

      (Supplementary Minute Book, Exhibit “F”)

1.       Bid Award: Print Shop Supplies, Bid #041502

2.       Bid Award: Copier / Duplicator Parts, Bid #041404

3.       Bid Award: Data / Printer Supplies, Bid #041704

4.       Permission to Negotiate: Energy Conservation Consulting Services

      (NOTE: This item was previously addressed at the March 12, 2004 Regular Workshop.)  Motion was made by Dr. DeWitt and seconded by Ms. Finkelstein, to postpone this item to the April Regular Meeting, was approved unanimously.

5.       Microsoft Academic Select Agreement

6.       Classroom Furniture for Various Schools

7.       Supervisor Engine for District Network Core Switch

8.       CCTV Studio Equipment for O.J. Semmes Elementary School

9.       Apple Computers for Warrington Middle School

10.      Apple Computers for Bailey Middle School

11.      Dell Servers for Various Schools

12.      Network Re-Wiring of Lincoln Park Elementary School

13.      Technology Lab Renovations and Remodeling at Ferry Pass Middle School

14.      Asbestos Abatement for Spencer Bibbs Elementary School

15.      Asbestos Abatement for Oakcrest Elementary School

16.      Architectural / Engineering Services for Re-Roofing at Various Schools

17.      Condenser Coils for Chiller at Tate High School

18.      Bid Award: Brentwood Elementary School Replace / Upgrade HVAC in Classrooms

19.      Bid Award: Sherwood Elementary School HVAC Replacement & Exterior Renovations

20.      Bid Award: Warrington Middle School Classroom HVAC Upgrades

21.      Bid Award: Warrington Middle School Bldg. #5 & Ferry Pass Middle School Bldg. #3 HVAC Renovations

22.      Replace Cooler / Freezers & Cafeteria Office Renovations at Warrington Elementary and Warrington Middle Schools

23.      Bid Award: Workman Middle School HVAC Renovations

24.      Change Notice #1 to Purchase Order #254508

25.      Change Notice #1 to Purchase Order #257690

26.      Change Notice #4 to Purchase Order #249998A

27.      Change Notice #1 to Purchase Order #256957

28.      Multi-Year Contract for HVAC Direct Digital Controls (DDC) Systems

E.      Operations

      (Supplementary Minute Book, Exhibit “G”)

1.   Facilities Planning

A.     Final Payments

1.   Woodham High School Restroom Renovations

2.   Allie Yniestra Elementary School Window Replacement

3.   Additions & Renovations to Cordova Park, Scenic Heights, Workman, Pine Meadow, Ernest Ward, Bratt and Northview Schools 

B.   Miscellaneous

                              1.   Pre-qualification of Contractors 

2.   Maintenance

                        -No items submitted

3.   Transportation

                        -No items submitted

4.   School Food Services

                              -No items submitted

                        5.   Central Warehouse

                              -No items submitted

                        6.   Information Technology

                        -No items submitted

            F.   Student Transfers  

                  (Supplementary Minute Book, Exhibit “H”)

G.     Internal Auditing

      (Supplementary Minute Book, Exhibit “I”)

1.   internal Funds

  -No items submitted

2.   Inventory Adjustment Reports

3.   Other

                        -No items submitted

VI.               UNFINISHED BUSINESS

-No items submitted

VII.               NEW BUSINESS

(Supplementary Minute Book, Exhibit “J”)

A.     ITEMS FROM THE BOARD 

1.   Request Approval of Revised Job Description for Assistant Superintendent for Human Resource Services – Cary Stidham

            (NOTE: This item was previously addressed at the March 12, 2004 Regular Workshop.)  Motion was made by Mrs. Stidham, seconded by Mr. Clark, to approve the revised job description (as submitted) for Assistant Superintendent for Human Resource Services.  The Superintendent expressed his opposition to the proposed revised job description with the following statement: “ I respectfully object to the Board creating a new position description for the existing position of Assistant Superintendent for Human Resource Services.  Only three years ago, the District paid for the Copeland Study and through that study obtained professionally prepared job descriptions – including the position description for the Assistant Superintendent for Human Resource Services.  The duties for this position, for the most part, have not changed - I do not see any reason to re-write.  Not only is the current position description professionally drafted and appropriate for the position, I do not believe it appropriate for any individual Board Member to draft a position description.  If the Board believes that any position description does not accurately reflect the duties and responsibilities of the position, they should ask for review by the Superintendent and staff in order to address any perceived need for change.  The practice of individual Board Members writing position descriptions without any input or recommendation from the Superintendent may create the impression that the Board is involving itself in the selection of individuals to fill positions.  My objection to the specific position description that is proposed now through the motion to the Board, is not only because of the reasons I’ve just stated, but also because the position description as drafted, eliminates the provision in the existing job description that recognizes qualifications may vary from the list of requirements to such a degree as the Superintendent and Board determine is necessary and appropriate to ensure properly qualified personnel are available.  The elimination of that flexibility unreasonably restricts the job description, severely limits those who will be able to fill the position, and will result in the inability to fill that position – the result would impair my performance of statutory responsibilities for administration of the District.  I would respectfully encourage the Board Members to vote against this particular motion.”  Mr. Bergosh believed that this revised job description needed further review by both the Board and the Superintendent and therefore, would not support the motion on the floor.  Motion was approved 4 to 1, with Mr. Bergosh voting “NO.” 

DELETED                              2.         Request Approval of Agreement between the School Board of Escambia County, Florida and Francisco M. Negron, Jr., General Counsel – Cary Stidham

3.       Recommendations from the Task Force to Study Childhood Obesity Issues – John DeWitt

      Motion was made by Dr. DeWitt, seconded by Mr. Bergosh, to “accept the report and that it be sent to the Superintendent for developing an implementation plan, including cost analysis, timelines, and any other factors that should be considered, and that it be brought to the April Regular Board Meeting in order that any recommendations can be implemented for the next school year.” 

      The Board recognized Bob Husbands, Executive Director of Escambia NEA UniServe, advised that the Final Report contained recommendations that could have bargaining implications. 

                             Motion was approved unanimously. 

4.       Resolution in Support of the Prohibition Against Alcohol Sales Near Educational Facilities – John DeWitt

      WHEREAS, the School Board of Escambia County supports efforts to enforce laws restricting the sale of alcoholic beverages near schools; and

        WHEREAS, the School Board supports existing local provisions, specifically Section 7.14.01.A., Escambia County Land Development Code, restricting the sale of alcoholic beverages within 1000 feet of an educational facility; and

        NOW THEREFORE BE IT RESOLVED, by the School Board of Escambia County, Florida, that The School Board reiterates its support for Section 7.14.01.A., Escambia County Land Development Code, prohibiting the sale of alcoholic beverages within 1000 feet of an educational facility, and urges the Board of County Commissioners not to grant variances thereto when contrary to the public interests. 

      Motion by Dr. DeWitt, seconded by Mr. Clark, to adopt a “Resolution in Support of the Prohibition Against Alcohol Sales Near Educational Facilities,” was approved unanimously. 

ADD          5.         Request Approval of Advertisement of Position of School Board General Counsel – Cary Stidham

      Motion was made by Mrs. Stidham and seconded by Dr. DeWitt, to advertise the position of School Board General Counsel.  Mr. Bergosh recommended that a decision on this item be postponed to allow an opportunity to establish a Task Force to perform a cost-benefit analysis as to whether the Board should continue with in-house legal counsel or contract with outside legal services.  Mrs. Stidham noted that the issue had been discussed in the past, at which time the Board had voted to establish in-house legal counsel as opposed to retaining outside legal services.  She and Mr. Clark expressed their support continuing with in-house legal counsel.  Motion was approved 4 to 1, with Mr. Bergosh voting “NO.” 

B.     ITEMS FROM THE SUPERINTENDENT

                  1.   Administrative Appointment

           FROM                                TO                                                       DATE

      David Williams        Teacher/Pensacola High      Assistant Principal/Pensacola High         03/01/04

            This item was addressed earlier in the meeting. 

2.       Information Requests and Communication Protocol

      (NOTE: No action taken on this item.)   

3.   Student Recommendations

NOTE:        ITEM NUMBER   3 (Student Number 04-108-411), Request to Address the Board

                  ITEM NUMBER 14 (Student Number 04-162-411), Request Formal Hearing                  

      Motion by Mr. Bergosh, seconded by Dr. DeWitt, to accept the Superintendent’s recommendations for student expulsions, Items 1, Item 2, and Items 4 through 20, with Item 14 requesting a formal hearing, was unanimously approved.

      Motion was made by Mr. Bergosh, seconded by Dr. DeWitt, to accept the Superintendent’s recommendation for student expulsion, Item 3 (Student Number 04-108-411). 

      The Board recognized Ms. Shirley Soles, who addressed her concerns regarding Item 3 (Student Number 04-108-411). 

      Motion was approved unanimously. 

(1)    Recommend that, the order of the formal hearing officer concerning student number 04-27-951 be adopted as the order of the Escambia County School Board.

(2)    Recommend that, consistent with the decision of the due process committee, student number 04-89-591  be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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.

REQUEST TOADDRESS THE BOARD  (3) Recommend that, consistent with the decision of the formal hearing officer, student number 04-108-411 be adopted as the order of the Escambia County School Board and that the student be expelled from the public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2007-2005 school year with the option to continue in alternative placement.

 (4)    Recommend that, consistent with the decision of the due process committee, student number 04-146-591 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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)    Recommend that, consistent with the decision of the due process committee, student number 04-147-151 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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.

(6)    Recommend that, consistent with the decision of the due process committee, student number 04-149-601 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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.

(7)    Recommend that, consistent with the decision of the due process committee, student number 04-153-541 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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.

(8)    Recommend that, consistent with the decision of the due process committee, student number 04-154-541 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 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.

(9)    Recommend that, consistent with the decision of the due process committee, student number 04-155-541 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 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 04-156-521 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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.

(11)   Recommend that, consistent with the decision of the due process committee, student number 04-157-521 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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.

(12)   Recommend that, consistent with the decision of the due process committee, student number 04-158-521 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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 04-161-411 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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.

REQUEST FORMAL HEARING (14)      Recommend that, consistent with the decision of the due process committee, student number 04-162-411 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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 04-163-851 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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 04-165-1251 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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, student number 04-172-411 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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.

(18)   Recommend that, consistent with the decision of the due process committee, student number 04-174-851 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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 04-175-411 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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 04-176-1231 be expelled from all public schools of Escambia County for the remainder of the 2003-2004 school year and all of the 2004-2005 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.

ADD          4.   Temporary Administrative Appointment –
                                          Request approval of Frank Howell, Teacher in Charge, Lakeview to assume the responsibilities as Principal of Clubbs Middle effective March 8, 2004 through April 16, 2004. 

Motion by Ms. Finkelstein, seconded by Mr. Clark, to accept the Superintendent’s recommendation for the temporary administrative appointment of Frank Howell, Teacher in Charge/Lakeview, to Principal/Clubbs Middle, effective March 8, 2004 through April 16, 2004, was approved unanimously.       

ADD          5.               Recommend that employee number 441979 be placed on suspension without pay pending the outcome of criminal charges and the District investigation of alleged misconduct. 

                                    Motion was made by Mr. Bergosh, seconded by Dr. DeWitt, to accept the Superintendent’s recommendation that employee number 441979 be placed on suspension without pay pending the outcome of criminal charges and the District investigation of alleged misconduct. 

                                    The Board recognized Bob Husbands, Executive Director of Escambia NEA UniServe, who requested that this employee be placed on suspension with pay rather than without pay. 

                                    After discussion, the Superintendent made the following revision to his recommendation: Recommend that employee number 441979 be “suspended with pay until this is finally adjudicated and the Board takes further action.”  Mr. Bergosh withdrew the motion on the floor and Dr. DeWitt withdrew the second.  Motion was made by Mr. Bergosh, seconded by Mr. Clark, to accept the Superintendent’s recommendation that employee number 441979 be “suspended with pay until this is finally adjudicated and the Board takes further action.”  Mr. Bergosh offered a “friendly amendment” to his motion, to accept the Superintendent’s recommendation that employee number 441979 be “suspended with pay until this is finally adjudicated and the Board take further action” at the April 20, 2004 Regular Meeting.  Mr. Clark accepted the “friendly amendment” and the motion (as amended) was approved unanimously.  

C.     ITEMS FROM THE GENERAL COUNSEL

-No items submitted

VIII.               ADJOURNMENT

Motion Dr. DeWitt, seconded by Mr. Bergosh, to adjourn the Regular Meeting at 7:45 p.m., was approved unanimously.    

                                                                                    Attest:                          Approved:

________________________________                    ________________________________

Superintendent                                                  Chair