CROWLEY, LOUISIANA
AUGUST 7, 2000
1) Roll Call.
The Acadia Parish School Board met on this the 7th day of August 2000, at 5:00 p.m., in a regular session, with President John H. Quebodeaux presiding. Members present were Mr. Lyle C. Johnson, Mr. Bill Pinac, Ms. Wadie H. Bias, Mr. Woody M. Marceaux, Mr. John A. Suire, Mr. Lynn Shamsie, Mr. Nolton J. Senegal, Sr., Mr. Roland J. Boudreaux, Mr. Rodney J. Trahan, Mr. Johnnie L. Smith, Mr. Charles F. Daigle, Mr. Shirley Vige', Dr. Robert McManus, Paul K. Bellon, and Secretary-Treasurer, Dr. Marietta W. James. Ms. Kitty M. Valdetero was absent.
2&3) Prayer and Pledge of Allegiance.
Mr. Johnnie Smith led the prayer and Pledge of Allegiance.
4) Consider approval of a revised agenda, if there are any changes.
Upon motion by Dr. McManus, seconded by Mr. Bellon, and carried by a unanimous voice vote, the agenda was revised by adding Routine Item 1 a (CONSIDER SUBSTANTIAL COMPLETION OF MIDLAND HIGH SCHOOL), Routine Item 1b (CONSIDER CUSTODIAL SERVICES FOR MIDLAND HIGH SCHOOL), Routine Item lc (CONSIDER REQUEST FROM BRAD LEGER TO WAIVE REQUIREMENT TO RETURN FROM SABBATICAL LEAVE), switching Routine Items 2 and 3, and adding Opening Item 6 (RECOGNIZE MR. DALE BAYARD, BESE MEMBER).
5) Read and approve minutes of the July 10, 2000, meeting.
Reading of the minutes of the July 10, 2000, meeting was dispensed with (copies of minutes were sent to each member prior to this meeting), and adopted as amended to record on Page 62, Routine Item 8, Ms. Valdetero seconded the main motion and Mr. Suire made a substitute motion, upon motion by Mr. Shamsie, seconded by Mr. Trahan, and carried by a unanimous voice vote.
6) Recognize Mr. Dale Bayard. BESE member.
President Quebodeaux recognized Mr. Dale Bayard, BESE member. Mr. Bayard addressed the board and reported that a decision on the Optional Diploma Program had been postponed. The intent of BESE was to address the large number of dropouts (28,000 in the state). BESE is now looking at a program that will continue to offer College Prep courses to students who will attend college, and to offer Life Prep courses to students who do not attend college. Life Prep courses will teach skills that will prepare students for life (living). BESE's aim is to address needs of all students. Dr. James thanked Mr. Bayard for his assistance.
ACTION ITEMS:
1) Review and approve school board attorney's contract (John Quebodeaux).
Mr. Gerard Caswell, newly selected attorney, presented a contract for his services. Mr. Boudreaux opposed paying $95 per hour in addition to any monies awarded for sales tax litigation. Discussion followed. Mr. Daigle called for question. Upon motion by Mr. Vige', seconded by Dr. McManus, and carried by a majority voice vote (Mr. Boudreaux opposed), the contract for professional legal services for A. Gerard Caswell was approved with a revision to (Paragraph 2) regarding payment of one-half of the registration fees to attend the NSBA Counsel School Attorney Annual Seminar and reimbursement of fees for any other legal educational seminars will be brought to the Board for approval.
CONTRACT FOR PROFESSIONAL LEGAL SERVICES
BE IT KNOWN that this agreement is entered into by and between:ACADIA PARISH SCHOOL BOARD, a political subdivision of the State of LA., domiciled at 2402 N. Parkerson Ave., Crowley, Acadia Parish, LA., (hereinafter sometimes referred to as "Board"), and A. GERARD CASWELL, a professional Law Corporation, with said corporation being domiciled at 142 N. 2nd Street, post office Box 1600, Eunice, LA., (hereinafter sometimes referred to as "Counsel"
1. Counsel hereby agrees to furnish the following legal services: For and in consideration of the premises, Counsel agrees and obligates himself to faithfully represent the interest of the Acadia Parish School Board as its legal counsel; it being understood by and between the parties hereto that the nature of the services of the said Counsel for the Acadia Parish School Board shall be that of general counsel, and that Counsel shall do and perform any and all legal services entrusted to him by the Acadia Parish School Board. The services shall include the attending of all school board meetings of the Acadia Parish School Board and any other such meetings requested by the Superintendent an/or the Board President.
The scope of this contract includes litigation or proceedings arising out of or involving tort or workers' compensation not covered by insurance of the Board
2. In consideration of the services described herein above, the Board hereby agrees to pay Counsel the sum of $95.00 per hour, payable monthly as same accrues. In addition to said compensation, the Acadia Parish School Board shall reimburse Counsel for any and all out of pocket expenses incurred in the performance of his services for the Acadia Parish School Board Counsel shall likewise be entitled to reimbursement for dues for any local, state or national School Attorney Organization and reimbursement for registration fees incurred in attending the National School Board Association Council of School Attorneys annual legal education seminar. Any other legal education seminar that counsel wishes to attend and be reimbursed may be presented to the Board for consideration of reimbursement. However, should Counsel have reimbursement for same available to him from the other School Board which he provides legal services for, then and in that event, the Acadia Parish School Board shall only reimburse Counsel for one-half (%) of said expenses.
In connection with the handling of all sales tax litigation, counsel will bill the Board at the rate of $95.00 per hour. Should counsel recover attorney fees from the other party in the sales tax litigation, counsel shall reimburse the Board out of those fees recovered up to the amount the Board has paid counsel on that particular sales tax matter.
Counsel will submit at the end of each calendar month, an itemization of all work performed listing time by date for work performed by hours, down to the tenth of an hour, with specific reference to the nature of the work performed (e.g., drafting of pleadings, research, review of files, court appearance, etc.). Counsel's invoices for services and expenses shall be submitted by Counsel to the Board office and be available for Board review and approval.
Counsel hereby agrees that the responsibility of payment of taxes from the funds thus received under this agreement shall be said Counsel's obligation and identified under Federal Tax Identification Number 72-1148014.
3. This contract shall be renewed automatically for a period of one (1) year each July 1, unless canceled in accordance with paragraph four (4).
4. Either party shall have the right to cancel this contract, either with or without cause, by giving the other part thirty (30) days written notice forwarded to their respective address by certified mail. The Board has a right to cancel this contract upon less than thirty (30) days notice as a result of necessary emergency budgetary reductions and necessary emergency change in funding priorities. In the event of termination, all sums. due to Counsel by the Board shall be payable timely.
Any and all notices required by this section shall be sent Certified Mail, return receipt requested, to the following address: If to Board: Acadia Parish School Board, P. O. Drawer 309, Crowley, LA 70527-0309. If to Counsel: A Gerard Caswell, Attorney at Law, P. O. Drawer1600, Eunice, LA 70535.
All records, reports, documents and other material delivered or transmitted to Counsel by the Board or its representatives shall remain the property of the Boar and shall be returned by Counsel to the Board (or to wherever the Board directs) at termination or expiration of this contract.
Any and all records, reports, documents, pleadings, exhibits, or educational material ( if paid for by the Board) or other material related to this contract and/or obtained and prepared in connection with the performance of the services contracted for herein shall become the property of the Board and shall upon request be returned by Counsel to the Board at termination or expiration of this contract.
ROUTINE ITEMS:
1) Consider recommendations to Head Start Policy Council regarding composition and nominations for community representatives to the Policy Council 2000-01).
Upon motion by Dr. McManus, seconded by Mr. Bellon, and carried by a majority voice vote (Mr. Trahan opposed), recommendations to Head Start Policy Council regarding composition and nominations for community representatives to the Policy Council for 2000-2001 were approved. Mr. Nolton Senegal, board member; Ms. Lois Andrus, education; Ms. Dorothy Cole, business, Ms. Adrienne Vidrine, health nutrition were named as community representatives to the Policy Council (2000-2001).
la) Consider substantial completion of Midland High School. ..
Upon motion by Mr. Shamsie, seconded by Mr. Smith, and carried by a unanimous voice vote, substantial completion of Midland High School was approved.
l b) Consider custodial services for Midland High School.
Dr. James reported that Midland High School currently has two full-time and one half-time custodians. The school's square footage is now over 90,000 with recent additions. Guidelines allow a custodian per 25,000 square feet. In lieu of hiring another custodian, a request was made to use custodial services. If this service is successful, then custodial staff would be phased out through attrition. Upon motion by Mr. Shamsie, seconded by Dr. McManus, and carried by a unanimous voice vote, the recommendation to use custodial services for Midland High School was approved.
1c) Consider request from Brad Leger to waive requirement to return from sabbatical leave.
Upon motion by Mr. Daigle, seconded by Dr. McManus, and carried by a unanimous voice vote, Mr. Brad Leger's request to waive the requirement to return to work after sabbatical leave was approved. Mr. Leger has been selected to be the State FFA Executive Secretary at the LSU Agriculture Center Vocational Education Department in Baton Rouge. Board members unanimously voiced their appreciation to Mr. Leger for his work in Acadia Parish and wished him well. Mr. Leger thanked the Board, Mr. Shamsie, Mr. Clyde Briley and citizens of the community for their support.
2) Consider amending budget to accommodate payment of Superintendent's legal fees.
President Quebodeaux stated that the APSB policy requires a two-thirds vote to amend the budget. Because there was not a two-thirds vote at the last Board meeting, this item was placed on the agenda for this meeting. Dr. McManus motioned and Mr. Bellon seconded to amend the budget to accommodate payment of the Superintendent's legal fees. Discussion followed regarding the current budgeted amount of $25,000 for legal fees and if this was for use of the Board and/or employees. It was determined that only a majority vote was needed to amend the budget as budgeted at this time. A substitute motion offered by Mr. Shamsie, seconded by Mr. Suire, to use money that is currently budgeted to pay the Superintendent's legal fees, carried by a roll call vote of 9 to 5.
YEA: Bias, Suire, Shamsie, Senegal, Smith, Daigle, Vige', McManus, Bellon
NAY: Johnson, Pinac, Marceaux, Boudreaux, Trahan ABSENT: Valdetero
The Board also discussed legal fees for Wal-Mart (Acadia Parish Educational Center). Mr. Johnson requested a report (total breakdown) of legal fees for this matter. Dr. James will provide figures.
3) Hear report on GPA/GEE scores.
Ms. Dianna Guidry presented a report on GPA/GEE scores. She explained the report's format. The report indicated that GPA scores at the High school level do not appear to be inflated.
4) Consider changing venue for September board meeting to Midland High School.
Upon motion by Dr. McManus, seconded by Mr. Senegal, and carried by a majority voice vote, the venue for the September 11, 2000, board meeting was changed to Midland High School.
5) Hear report from board attorney regarding installation of traffic control light at Martin Petitjean Elementary School.
6) Consider installation of traffic control light at Crowley High School.
Mr. Caswell stated that if the APSB were responsible for costs of installing a traffic control light, it would belong to the Board, maintenance would be the responsibility of the Board, and malfunctions would be a liability of the Board. Another problem is that DOTD, in a written document, said that a light is not needed at these locations (Crowley High and Martin Petitjean Elementary); therefore, the potential liability would exist. Caution lights, insurance coverage, law enforcement agents, and increased traffic on Highway 90 in front of Martin Petitjean Elementary (due to construction on I-10) were discussed. Mr. Mills addressed the Board with his concerns. Upon motion by Mr. Daigle, seconded by Mr. Senegal, and carried by a unanimous voice vote, President Quebodeaux was authorized to negotiate and act with the Sheriff's department and police departments in Rayne and Crowley to assign traffic control guards at Martin Petitjean Elementary and Crowley High.
7) Hear report from legislature auditor's office regarding amending FY 99-00 budget.
Dr. James read a report from the legislature auditor's office regarding amending the FY 1999-2000 budget. "The school board budget is a legal document, adopted by the board, which defines the school board's financial plans for the year. As a legal document, the school board can amend the instrument at any time within its own policies and practices. The Local Government Budget Act does not prevent the school board from amending the budget after the end of the fiscal year.
An item to consider budget revisions for a board member's salary was tabled at last month's meeting until a report could be presented. Upon motion by Mr. Marceaux, seconded by Mr. Boudreaux, and carried by a unanimous voice vote, this item was removed from the table for reconsideration. Mr. Pinac motioned and Mr. Marceaux seconded to amend the budget to accommodate payment of salary to Mr. Lyle Johnson retroactive to July 1999. Discussion followed. Dr. James reported that Mr. Leopards spoke to and received in writing a statement from Mr. Austin indicating although it is not commonly done, it is allowable for a Boa; rd to amend a budget after the close of a fiscal' year. The motion to amend the budget to pay Mr. Johnson carried by a roll call vote of 11 to 3.
YEA: Pinac, Bias, Marceaux, Shamsie, Quebodeaux, Senegal, Boudreaux, Trahan, Smith, Daigle, Vige', Quebodeaux
NAY: Suire, McManus, Bellon
ABSTAIN: Johnson
ABSENT: Valdetero
8) Consider rescinding the August 1999 vote on Board size.
Mr. Smith requested that the citizen present the plan to the Board, before continuing with this item.. The citizen was not present, but had contacted Mr. Quebodeaux and Mr. Boudreaux and would not present the plan to anyone until the Board rescinds its August 1999 action. Mr. Pinac motioned and Mr. Marceaux seconded to rescind the August 1999 vote (9 to 6 to leave the APSB at the size of (16) sixteen). Discussion followed. Mr. Daigle called for point of order. More discussion followed. Mr. Marceaux called for the question which., passed by a unanimous voice vote. The main motion to rescind the August 1999 board action on Board size passed by a roll call vote of 8 to 7.
YEA: Johnson, Pinac, Marceaux, Quebodeaux, Boudreaux, Trahan, Daigle, Vige' NAY: Bias, Suire, Shamsie, Senegal, Smith, McManus, Bellon ABSENT: Valdetero
Consider approval of the D.A.R.E. program.
Upon motion by Mr. Marceaux, seconded by Mr. Johnson, and carried by a unanimous voice vote, the D.A.R.E. program agreement with the Sheriff's department was approved.
10) Correspondence: Read report from Kenneth Sills on status of Wal-Mart litigation and current billing. (John Quebodeaux).
Dr. James reported that she did not receive any correspondence, but did announce that it was Dr. McManus's birthday. He was wished a happy birthday.
Mr. Quebodeaux informed the Board that he and the Superintendent requested a report from Kenneth Sills regarding the status of Wal-Mart litigation and the current billing for the APSB. A reply had not yet been received, Mr. Johnson requested that a routine item be on next month's agenda to remove all legal work regarding Wal-Mart litigation from Hammonds and Sills and place it in the hands of the APSB legal attorney. Mr. Gerard Caswell requested that the Board notify Mr. Sills, in writing, to be present at the next meeting, be prepared to give a full presentation, and bring all materials.
DISCUSSION ITEMS:
1. Discuss request from Mike LeBlanc for payment of $2,850.00 of legal fees. Quebodeaux).
President Quebodeaux read a letter from Mr. Michael LeBlanc, supervisor, requesting reimbursement of $2,850.00 in legal fees. Mr. Smith asked if the statute of limitations had expired for this matter which transpired in 1995. Mr. Caswell will look into the legal possibility and statute of limitations concerning this matter.
CONSENT ITEMS:
Upon motion by Mr. Senegal, seconded by Dr. McManus, and carried by a unanimous voice vote, the following consent items were approved:
1. Assignments and changes of professional employees, since the last meeting.
2. Sales tax report showing a year-to-date decrease of 1.43 %.
CLOSING:
There being no other business to come before the Board, upon motion by Mr. Trahan, and seconded by Mr. Shamsie, carried by a unanimous voice vote, the meeting adjourned at 7:07 p.m.
John H. Quebodeaux, President
ATTEST:
Dr. Marietta W. James, Superintendent