Schools and Education Manatee School Board Agenda Results: January 27, 2015

BRADENTON – At Tuesday's meeting, the Manatee School Board voted to not follow an administrative law judge's recommendation to terminate former Manatee High Assistant Principal Greg Faller with a 2-1 vote. With a 3-0 vote, the board decided that Faller's status as being non-renewed as of June 2014 would stand, and the district will not owe him back pay from his suspension until that point. In other business, the board voted to approve two new district job positions (which were split from what was previously one position): one being Manager of Security; the other Manager of Safety and Emergency Management.

CALL TO ORDER (5:45 p.m.)

1. Call To Order

2. Invocation

3. Pledge of Allegiance

4. Approval of the Orders of the Day (Passed 4-1, with Miner dissenting)

Attachment: Addendum, 01-27-15.pdf
Attachment: Progress Report 1-27-15.pdf
Attachment: 2015-2016 Academic Calendar DRAFT - REVISED.pdf
Attachment: 1-26-15 CFPSBC Assessment and Accountability Action Plan.pdf
Attachment: 01-27-15, Revised.pdf

Dave Miner made a motion to amend chair Bob Gause's motion to approve the orders of day, in order to add to new business: Discussions by the board to discuss whether Office of Professional Standards Director Troy Pumphrey violated various district policies, including alleged misinformation on his resume and application when he first applied to the district; and whether it was a mistake for Superintendent Rick Mills to ask district attorney Mitch Teitelbaum specifically to conduct a recent investigation into said alleged claims; and that "it was a mistake for Mills to ask Sniffen and Spellman to conduct an investigation" into (information recently received by the district about Pumphrey).

Board attorney James Dye recommended to the board that they not weigh into such matters due to the firm's ongoing investigation into the matter. Dye said that potential harm could come to the process "if the board decides to go through with discussion."

Karen Carpenter said that she believed that Miner's motion "has a number of allegations and accusations in it which I believe violate due process," that "nobody (noted in said allegations) is able to respond," and all discussion would be "one sided and unfair."

Gause, Carpenter, Cantrell and Kennedy voted to approve the orders of the day as is, with Miner dissenting. Miner then made a motion to amend the orders of the day, which failed due to lack of a second. After his motion failed, Miner expressed disagreement within the idea that discussion of his addition to the agenda would have violated due process.

AGENDA AMENDMENTS (Info Only) (5:55 p.m.)

5. Agenda Amendments

STUDENT CELEBRATION (5:57 p.m.)

6. 14th Annual Martin Luther King Jr. Essay and Speech Competition Winners

RECOGNITIONS
REPORTS AND PRESENTATIONS (6:05 p.m.)

7. Children's Services Advisory Board

8. Internal Audit Update

Attachment: Progress Report 1-27-15.pdf

9. Central Florida School Board Coalition

Attachment: 1-26-15 CFPSBC Assessment and Accountability Action Plan.pdf

PUBLIC COMMENTS (6:25 p.m.)

10. Public Comments

PUBLIC HEARING
APPROVAL OF MINUTES (7:00 p.m.)

11. Approval of Minutes (Passed unanimously)

Attachment: W010815.pdf
Attachment: W011315.pdf
Attachment: R011315.pdf

CONSENT ITEMS (7:03 p.m.)

Approval of Consent Agenda (Passed unanimously)

12. Approval of Consent Agenda for January 27, 2015 - Items 11-25

Purchase(s) Bids Over $100,000.00

13. Approval of Renewal (2) on Paper - Print Shop, MCSD No. 13-0025 BS, Not to Exceed $300,000.00

Contracts and Grants

14. Approval of Acceptance of the Florida Power and Light Photovoltaic System for Haile Middle School

15. Approval of Acceptance of the Florida Power and Light Photovoltaic System for King Middle School

16. Approval to Revise Status of the Part Time Temporary Clerical Position to a Non Temporary Full Time Secretary II Position for the 2014-2015 It's yoUR Choice Grant

Attachment: 2014-15 Attachment C Special Conditions.pdf
Attachment: Z Administrative Expense for Program 2014-15 revised 1217141.pdf

Capital Projects

17. Approval of Southeast High School - Drainage Improvements - Change Order 3 - Final - Agreement Between Owner and A.D. Morgan Corporation - No Financial Impact

Attachment: Southeast High Drainage Improvements Summary Sheet.pdf
Attachment: Southeast High Drainage Improvements CO3 Final.pdf

18. Approval of Anna Maria Elementary - Chiller Replacement - Change Order 3 - Final - Agreement Between Owner and Halfacre Construction Company - Reduction in the Amount of $22,682.72

Attachment: Anna Maria Chiller Replacement Summary Sheet.pdf
Attachment: Anna Maria Chiller Replacement CM CO 3 - Final.pdf

19. Approval of Manatee Elementary School - Fencing and Security Upgrades - Agreement Between Owner and Willis A. Smith Construction, Inc. - Guaranteed Maximum Price in the Amount of $148,993.00

Attachment: Manatee El Fencing and Security Upgrades GMP Proposal Lettter and Summary Sheet.pdf
Attachment: Manatee El Fencing and Security Upgrades CM Contract.pdf
Attachment: Manatee Elementary Fencing and Security Upgrades Summary Sheet.pdf

20. Approval of Johnson Middle School - Chilled Water Piping Replacement - Change Order 1 - Final - Agreement Between Owner and Gilbane Building Company - Reduction in the Amount of $136,616.16

Attachment: JMS Chilled Water Piping Replacement CM CO 1 - Final.pdf
Attachment: JMS Chilled Water Piping Replacement Summary Sheet.pdf

Human Resources

21. Approval of the Appointments, Change of Assignments, Deceased, Promotions, Reassignments, Resignations, Retirements, Terminations and Transfers

Attachment: Addendum, 01-27-15.pdf
Attachment: Board Material, January 27, 2015, Revised.pdf
Attachment: Addendum II, 01-27-15.pdf

22. Approval of Revised Job Description – Program Specialist, District Support

Attachment: Specialist, Program - District Support, STS001, Board Date 01-27-15.pdf

23. Approval of Revised Job Description – Program Specialist – Exceptional Student Education, District Support

Attachment: Specialist, Progam - District Support-ESE, ESE142, Board Date, 01-27-15.pdf

24. Approval to Submit the 2014-2015 Class Size Reduction Compliance Plan to the Florida Department of Education

Attachment: 2014 2015 Class Size Reduction Compliance Plan.pdf
Attachment: Attachment 1 - Traditional Schools.pdf
Attachment: Attachment 2 - Charter Schools.pdf
Attachment: Attachment 3 -Schools of Choice.pdf

25. Approval of Settlement of a Workers Compensation Claim for Employee Janice Spagnola

26. Approval of Settlement of a Workers Compensation Claim for Employee Terry Dhein

27. Approval of Settlement for Minor Child, D.S.

INFORMATION ONLY
OLD BUSINESS (7:06 p.m.)

28. Approval of Recommended Order Rendered by the Administrative Law Judge, dated August 29, 2014, Entering a Final Order Terminating the Employment of Gregg Faller, Effective January 27, 2015 (Failed 2-1, with Carpenter dissenting from the majority vote, and Miner and Kennedy abstaining. A motion was then made by Cantrell, with Carpenter seconding, that the non-renewal of Faller's contract would stand and no back pay given passed 3-0, with Miner and Kennedy abstaining. Story to follow)

Attachment: ALJ Recommended Order.pdf

29. Discussion of Legal Representation for Mr. Miner (Motion by Carpenter to table item to next meeting was seconded by Cantrell and passed 3-1, with Kennedy dissenting and Miner abstaining)

NEW BUSINESS (Discussion Items Pulled from Consent) (8:06 p.m.)

Capital Projects

30. Approval of High School Athletic Facilities - Heating, Ventilation and Air Conditioning Unit Replacement - Change Order 3 - Final - Agreement Between Owner and NDC Construction Company - Reduction in the Amount of $11,309.65 (Passed 4-0)

Attachment: HS Athletic Facilities HVAC Unit Replacement Summary Sheet.pdf
Attachment: HS Athletic Facilities HVAC Unit Replacement CM CO 3 - Final.pdf

NEW BUSINESS (Non-Consent Items) (8:20 p.m.)

31. Approval of New Job Descriptions and Positions for Manager of Security and Manager Safety and Emergency Management (Passed 4-1, with Miner dissenting)

Attachment: Manager Safety and Emergency Management 1-20-15.pdf
Attachment: Manager Security 1-20-15.pdf

32. Approval of Master Board Forum Dates and Registration Fee, Not to Exceed $4,200.00 (Passed 4-1, with Miner dissenting)

Attachment: Testimonials and Financial Q & As 2015.pdf
Attachment: Intent to Participate 15-16.pdf

SCHOOL BOARD WORKSHOP ITEMS (8:45 p.m.)

33. School Board Workshop Items

UPDATES (8:50 p.m.)

34. Legal Department Update

35. Instructional Services Update

Attachment: 2015-2016 Academic Calendar DRAFT - REVISED.pdf

36. Operations Update

SUPERINTENDENT REMARKS (9:10 p.m.)

37. Remarks by Rick W. Mills

BOARD COMMENTS (9:15 p.m.)

38. Board Comments

ADJOURNMENT (9:40 p.m.)

Adjournment of Meeting

39. Adjournment

Miscellaneous