2012-07-26 SP

PROCEEDINGS OF THE PARISH SCHOOL BOARD OF THE PARISH OF EAST FELICIANA, STATE OF LOUISIANA, TAKEN AT A SPECIAL MEETING HELD ON JULY 26, 2012

July 24, 2012

NOTICE OF SPECIAL MEETING

NOTICE IS HEREBY GIVEN, that a Special Meeting of the Parish School Board of the Parish of East Feliciana, State of Louisiana, has been ordered and will be held on Thursday, July 26, 2012, at five o'clock p.m. (5:00 p.m.), local Daylight saving time, at the East Feliciana Parish School Board Central Office located at 12732 Silliman Street, Town of Clinton, Louisiana, for the following purposes, to-wit:

1. Call to Order.

2. Approval of the agenda

3. Strategy session and action concerning pending litigation*

4. 2012 Reapportionment submission due to U.S. Department of Justice

5. Receive and review East Feliciana Parish School Board Strategic Plan as prepared by Henderson Lewis, Jr., Ph.D., Superintendent of Schools

6. Salary Committee Report

7. Personnel Committee Report

8. Finance Committee receipt and review information concerning the rebuild tax to include consideration of the following:

(a) the position and arguments of the Taxpayers potentially affected by or interested in any sales/use tax sought to be imposed by East Feliciana Parish upon the furnishing of repairs (in East Feliciana Parish) to tangible personal property, when that property is delivered to the customer in another state, and the applicability and interpretation of the provisions of La. R.S. 47:301(14)(g)(i)(bb);

(b) the propriety of any retroactive assessments of this tax for periods ending within tax year 2010, 2011, or 2012;

(c) the sales/use tax form presently used by the Board which may lead Taxpayers to believe that transactions not subject to state sales/use tax are also excluded from Parish sales/use tax;

(d) a vote as to whether to permanently exclude or instead attempt collection of the past or future accruals of the sales/use tax described in Item 8.(a) above;

(e) if the vote is to attempt collection, the School Board will consider whether to request that the sales/use tax form (line 1) currently utilized should be revised to eliminate taxpayer confusion resulting from the apparent limitation of tax to those transactions taxed by the State of Louisiana (which excludes the tax described in Item 8.(a) above); and

(f) if the vote is to attempt collection, the School Board will consider the funding source from which it will provide for its legal and accounting fees, should the litigation be initiated by the group of six taxpayers who attended the Finance Committee Meeting held on Monday, July 23, 2012, each of whom reiterated they will resist said tax.

This is a very important meeting and all members are urged to attend.

BY ORDER OF THE PRESIDENT

/s/

HENDERSON LEWIS, JR., Ph.D., SUPERINTENDENT

EAST FELICIANA PARISH SCHOOL BOARD

* There may be an executive session to discuss this litigation which is entitled "Sharon Lynne George et. al. versus C. Walter Davis et. al. Civil Action No. 65-3253-JJB, Judge Brady, U.S. District Court for Middle District of Louisiana"

There were present: School Board Members Olivia Harris, Elizabeth "Beth" Dawson, Melvin L. Hollins, John Benjamin Cupit, Paul Kent, Mitchell Harrell, Michael Ray Bradford, Debra Spurlock Haynes, Broderick Brooks, Sr., Rhonda Matthews, Richard Terrell and Rufus Nesbitt. Other Attendees: Henderson Lewis, Jr., Ph.D., Superintendent, Irma Lee Bendily, Admn. Asst. and Robert L. Hammonds, Attorney with the Law Offices of Hammonds, Sills, Adkins & Guice, LLP.

Board President Michael Ray Bradford opened and chaired the meeting and asked Board Member Melvin Hollins to open the meeting with prayer. Board President Bradford lead the Pledge of Allegiance to The Flag in unison.

The Parish School Board of the Parish of East Feliciana, State of Louisiana, was duly convened as the governing authority of said Parish for school purposes by Michael Ray Bradford, Board President, who announced the purposes of said meeting in accordance with the aforesaid written notice thereof. Board President Bradford stated the Board was ready for transaction of business.

Item 2. Motion by Mr. Terrell, seconded by Vice-President Harrell, to approve the agenda as set forth above.

Board President Bradford then asked for any public comment before a vote is taken on this motion. Receiving none, Board President Bradford proceeded with the vote. All yeas. The motion carried.

Item 3. Board President Bradford turned the floor over to Attorney Robert Hammonds.

Robert L. Hammonds, Attorney with the Law Offices of Hammonds, Sills, Adkins & Guice, LLP, requested an executive session not to exceed 30 minutes to discuss strategy on pending desegregation case, entitled "Sharon Lynne George et. al. versus C. Walter Davis et. al. Civil Action No. 65-3253-JJB, Judge Brady, U.S. District Court for Middle District of Louisiana".

Motion by Mr. Terrell, seconded by Mrs. Dawson to go into executive session not to exceed 30 minutes with Attorney Hammonds to discuss litigation entitled "Sharon Lynne George et. al. versus C. Walter Davis et. al. Civil Action No. 65-3253-JJB, Judge Brady, U.S. District Court for Middle District of Louisiana".

Board President Bradford then asked for any public comment before a vote is taken on this motion. After some discussion by Vice-President Harrell, along with responses by Board Member Dawson, Board President Bradford proceeded with the vote. All yeas. The motion carried.

Motion by Mr. Terrell, seconded by Miss Matthews to return to regular session.

Board President Bradford then asked for any public comment before a vote is taken on this motion. Receiving none, Board President Bradford proceeded with the vote. All yeas. The motion carried.

Attendees after executive session: Harris, Dawson, Hollins, Cupit, Kent, Harrell, Bradford, Haynes, Brooks, Matthews, Terrell and Nesbitt.

Motion by Mrs. Haynes, seconded by Mr. Nesbitt to have things remain as they are with the Desegregation Order issued in connection with pending litigation entitled "Sharon Lynne George et. al. versus C. Walter Davis et. al. Civil Action No. 65-3253-JJB, Judge Brady, U.S. District Court for Middle District of Louisiana".

Board President Bradford then asked for any public comment before a vote is taken on this motion. Receiving none, Board President Bradford proceeded with a roll call vote, as follows:

Yeas: Harris, Hollins, Bradford, Haynes, Brooks, Matthews, Terrell and Nesbitt

Opposed: Dawson, Cupit, Kent and Harrell

Absent during vote: None

Absent and not voting: None

Board President Bradford announced by a majority vote of 8 to 4, the motion carried.

Item 4. Board President Bradford turned the floor over to Dr. Lewis.

Dr. Lewis related to Board Members present before this calendar year is over, the Board needs to take care of 2012 Reapportionment submission due to the U.S. Department of Justice by December, 2012. He noted Mrs. Nancy Jensen is awaiting future dates and times Board Members would be available to continue discussion on reapportionment.

Item 5. Board President Bradford turned the floor over to Dr. Lewis.

Dr. Lewis related to Board Members present shared information regarding the East Feliciana Parish School Board Strategic Plan for the next 5-years which is separated into three (3) areas of: Goal 1 - redesign teaching and learning and assessment in the School System to ensure achievement for all students, Goal 2 - Restore a financially sound public school system while supporting the vision mission and beliefs of the school system and Goal 3 - rebuild the communities confidence in the public school system. He then reviewed an informational graph entitled "EFPS Academic Goals 2012-2013" and indicated that we have two (2) schools of Clinton Elementary and Jackson Elementary, that have been deemed failing schools by the State Department of Education due to not receiving SPS of 75, next year 2013 the SPS will no longer be 75, the minimum required score is going to be 85. He noted in the Month of March, 2013 all of our Juniors will be required by the State Department of Education on a Statewide Testing Date to take the ACT Examination.

After some discussion by Board Member Terrell, along with responses by Dr. Lewis, Board President Bradford proceeded with the agenda.

Item 6. Board President Bradford turned the floor over to Mrs. Harris.

Olivia Harris, Chairperson of the Salary Committee proceeded with the following presentation from the Salary Committee Meeting held on Thursday, July 26, 2012 at 4:00 P.M. (a copy of which is attached hereto for reference).

Motion by Mr. Brooks, seconded by Miss Matthews that the Board accept the Salary Committee recommendations in connection with Items 6.(1)(a), (b) and (c) and Informational Item 6.(2), as follows:

1. Receive and review proposed deletion from 2012-2013 SY/FY Salary Schedule {originally adopted: 04/10/12 at Items 7.D. & 7.E.(6)} of:

(a) ~~CDL Bus Drivers - Transfer Buses - $35.00 per day - General Funds~~

(b) ~~District & School Technology Coordinator (1 employee)~~

2. Receive and review revisions to 2013/2014 SY/FY Support Staff Salary Schedules, to be compliant with 2012 Louisiana Legislative requirements under Act I, requiring adoption date of December, 2012

Board President Bradford then asked for any public comment before a vote is taken on this motion. After some discussion by Board President Bradford and Board Member Nesbitt, along with responses by Dr. Lewis and Joseph Jones, Jr., Supervisor, Board President Bradford proceeded with the vote. All yeas. The motion carried.

Item 7. Board President Bradford turned the floor over to Mr. Hollins.

Melvin L. Hollins, Chairman of the Personnel Committee proceeded with the following presentation from the Personnel Committee Meeting held on Thursday, July 26, 2012 at 4:30 P.M. (a copy of which is attached hereto for reference). He then proceeded with the recommendations on Items 1., 2.(a), 2.(b) and 2.(c) and Informational Item on 3. and called for a motion.

Motion by Mrs. Dawson, seconded by Mrs. Harris the Board accept the Personnel Committee recommendations in connection with Items 7.(1), 7.(2)(a), (b) and (c) and Informational Item 7.(3), as follows:

(1) Receive and review revisions to Support Staff Evaluation Instrument to be compliant with 2012 Louisiana Legislative requirements under Act I (effective date: July 1, 2012)

(2) Receive and review revisions to job descriptions to be compliant with 2012 Louisiana Legislative requirements under Act I (effective date: July 1, 2012)

(a) Principals - 12 Month Position

(b) Assistant Principals - 10 Month Position

(c) Support Staff

(1) Behavior Interventionist - 9 Month Position

(2) Teacher Aide/HQ Paraprofessional - 9 Month Position

(3) Receive and review proposed job description for Ancillary and Operations Supervisor (12-Month) Position - informational only.

Board President Bradford then asked for any public comment before a vote is taken on this motion. After some discussion by Board Members Kent and Nesbitt, along with responses by Personnel Chairman Hollins and Dr. Lewis, Board President Bradford proceeded with the vote. All yeas. The motion carried.

Item 8. Board President Bradford turned the floor over to Mr. Terrell.

Richard Terrell, Chairman of the Finance Committee proceeded with the following presentation from the Finance Committee Meeting held on Monday, July 23, 2012 at 5:00 P.M. (a copy of which is attached hereto for reference). He noted that Item 7. did not receive a recommendation from the Finance Committee and was referred to be taken up by the full Board on this special board meeting agenda.

Motion by Vice-President Harrell, seconded by Mrs. Dawson to permanently exempt the collection of the sales tax imposed on "out-of-state repairs".

After some discussion by Board President Bradford and Finance Chairman Terrell, along with responses by Vice-President Harrell, EFP Police Juror Louis Kent, Board President Bradford received the following substitute motion.

Substitute motion by Mr. Kent, seconded by Mr. Nesbitt to (1) suspend the East Feliciana Parish School Board 2% sales tax imposed on "out-of-state repairs" from July 27, 2012, (2) sit down with representatives of the companies/businesses affected by the "out-of-state repairs", Dr. Lewis, an East Feliciana Parish School Board representative and an East Feliciana Parish Police Jury representative to work out issues and (3) to build a dialogue and relationship with these companies/businesses affected by the "out-of-state repairs" issue.

After some discussion by Board Members Harris, Nesbitt, Haynes, Cupit, Brooks, Board President Bradford, Finance Chairman Terrell, State Representative Kenny Havard, Attorney James Piker, Lisa Shaffer, Vice-President Harrell and Board Member Dawson, along with responses by EFP Police Juror Louis Kent, Board President Bradford, Board Member Kent, Board President Bradford proceeded with a roll-call vote on Mr. Kent's substitute motion, as follows:

Yeas: Harris, Hollins, Kent, Bradford, Haynes, Terrell and Nesbitt

Opposed: Dawson, Cupit, Harrell, Brooks and Matthews

Absent during vote: None

Absent and not voting: None

Board President Bradford announced by a majority vote of 7 to 5, the substitute motion carried.

Motion by Mr. Terrell, seconded by Mrs. Dawson to waive the penalties for 2010, 2011 and 2012 imposed on these companies/businesses affected by the"out-of-state repairs." Additionally, direct 20^th JDC D.A. D'Aquilla and Sales Tax Attorney Rainer to write for an Attorney General's Opinion on this item.

After some discussion by Board Member Kent, Clay Barksdale, IPS and Board Member Dawson, along with responses by Board Member Terrell, Board President Bradford and Dr. Lewis, Board President Bradford proceeded with a roll-call vote on the motion, as follows:

Yeas: Harris, Dawson, Hollins, Cupit, Kent, Harrell, Bradford, Haynes, Brooks, Matthews, Terrell and Nesbitt

Opposed: None

Absent during vote: None

Absent and not voting: None

Board President Bradford announced by a majority vote of 12 to 0, the motion carried.

There being no further business to come before the Board, a motion for adjournment by Mr. Brooks, seconded by Miss Matthews prevailed until the next regular meeting unless called into special session by the President.

HENDERSON LEWIS, JR., Ph.D. MICHAEL RAY BRADFORD,

SECRETARY-TREASURER BOARD PRESIDENT