The School Board of Escambia County, Florida, convened as a legislative body for the Resolution of Impasse pursuant to section 447.403(4)9(d), Florida Statutes (2000) at 6:00 p.m., in Room 160, J.E. Hall Educational Services Center, 30 East Texar Drive, Pensacola, Florida, with the following present:

Chair:   Ms. Linda Finkelstein     

Vice Chair:   Mr. Gary L. Bergosh          

Board Members:  Mrs. Cary Stidham

Mr. Ronnie L. Clark

Dr. John DeWitt

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

Superintendent of Schools: Mr. Norm Ross, Deputy Superintendent (representing Mr. Jim Paul)

I.  CALL TO ORDER

Ms. Finkelstein called the meeting to order at 6:00 p.m.

II. ADOPTION OF AGENDA

On motion by Dr. DeWitt, seconded by Mr. Bergosh, adoption of the agenda was unanimously approved.  Ms. Finkelstein explained that “impasse” meant that the parties negotiating a collaborative bargaining agreement had been unable to agree as to a term or condition of employment, to be incorporated into a collaborative bargaining agreement.  She stated that the District and the Escambia Education Association (EEA) had reached “impasse” with regard to the issue of ‘performance pay’ and had agreed to submit the issue for resolution, to the Board, sitting as a legislative body.  Ms. Finkelstein briefly outlined the procedures to be used during the meeting.

III.  PRESENTATIONS & DISCUSSION

A. PRESENTATION OF PROPOSALS

1. EEA – The Escambia Education Association’s proposal for resolution of impasse for the instructional personnel collaborative bargaining agreement was presented by Mr. Bob Husbands, Executive Director of Escambia NEA UniServe.  He referred to EEA’s written proposal, which stated that “the Association chose not to make a recommendation to the Board on the ‘performance pay’ issue, since the members of the bargaining unit rejected the concept and specific program.”  He noted that EEA “viewed this as an unfunded mandate by Florida Legislature that intrudes in this Board’s right to negotiate fairly with its employees.”  (Supplementary Minute Book, Exhibit “A”)

2. Superintendent – The District’s proposal for resolution of impasse for the instructional personnel collaborative bargaining agreement was presented by Dr. Doug Garber, Assistant Superintendent for Human Resources and Chief Negotiator.  The District recommended that the Board approve the addition of the 5% of base and rank salary for ‘performance pay’ to the 2002-2003 salary schedule.  Dr. Garber advised that in accordance with the requirements of Section 230.23(5)(c), Florida Statutes, the Board was required to approve a salary schedule that includes a provision for ‘performance pay’.  Failure to comply with this requirement would result in the forfeiture of funding from the Educational Enhancement Trust Fund (lottery dollars).  He referred to the District’s written proposal, which outlined the budgeted amount of lottery funding for the District for fiscal year 2002-2003.  (Supplementary Minute Book, Exhibit “B”)

B. REBUTTAL

There was no rebuttal made by the Superintendent (District) or the EEA.

C. BOARD QUESTIONS & COMMENTS

There were no questions posed or comments made by Board Members.

D. PUBLIC FORUM

Ms. Finkelstein called for public hearing, however there were no speakers.

IV. BOARD ACTION

Motion was made by Mr. Bergosh, seconded by Dr. DeWitt, to accept the District’s proposal, for the “addition of the 5% of base and rank salary for ‘performance pay’ to the 2002-2003 salary schedule.”  Motion was unanimously approved.

V. ADJOURNMENT

Motion by Mrs. Stidham, seconded by Mr. Bergosh, to adjourn the meeting (at 6:03 p.m.), was approved unanimously.

Attest:             Approved:

Superintendent      Chair