minutes-07-16-13-v2

OPSB Business Board Meeting Minutes July 16, 2013

ORLEANS PARISH SCHOOL BOARD BOARD BUSINESS MEETING McDonogh #35 High School 1331 Kerlerec Street New Orleans, Louisiana 70116 July 16, 2013 5:00 p.m.

The Orleans Parish School Board convened for a Board Business Meeting on Tuesday, July 16, 2013, in the Auditorium of McDonogh #35 High School, 1331 Kerlerec St., New Orleans, LA. Mr. Ira Thomas, Board President, called the meeting to order at 5:00 PM. Board Roll Call: Mr. Ira Thomas, present; Mrs. Cynthia Cade, present; Ms. Sarah Usdin, present; Ms. Leslie Ellison, present; Mr. Seth Bloom, present; Mr. Woody Koppel, present; Mr. Nolan Marshall, present; Mr. Stan Smith, Interim Superintendent, present; Mr. Edward Morris, General Counsel, also served as parliamentarian. A quorum was established.

An audio recording of the meeting is available in the Board Office.

Mr. Ira Thomas led the Board in the Pledge of Allegiance.

ADOPTION OF THE AGENDA Additions, Modifications or Deletions There were no additions, deletions or modifications to the agenda.

Motion to adopt the agenda was made by Woody Koppel and seconded by Seth Bloom.

Motion passed with 7 Ayes and 0 Nays CONSIDERATION OF MINUTES      

June 13, 2013 Accountability Committee Meeting June 13, 2013 Property Committee Meeting June 13, 2013 Budget & Finance Committee Meeting June 13, 2013 Policy Committee Meeting June 13, 2013 Legal & Legislative Committee Meeting June 18, 2013 Regular Board Business Meeting

Motion to approve minutes and to dispense with the reading of the minutes was made by Woody Koppel, seconded by Seth Bloom. Motion passed with 7 Ayes and 0 Nays Cynthia Cade requested that the adoption of the minutes be delayed so that Board members could have more time to review the minutes. Woody Koppel made a second motion to withdraw his initial motion and exchange it with a motion to delay to the August 2013 Board meeting and it was seconded by Seth Bloom.

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OPSB Business Board Meeting Minutes July 16, 2013 Motion passed with 6 Ayes and 1 Nay (Sarah Usdin) SUPERINTENDENT’S AGENDA  (no items submitted) PRESENTATION(S):  Superintendent Search Firm Update  One App Update

Stan Smith Dr. Armand Devezin

COMMITTEE REPORTS: 1) Accountability Committee, Ms. Sarah Usdin, Chair The Accountability Committee met at 1:12 pm on July 11, 2013.

Item(s) forwarded to the full Board with recommendation:  Request for Advisory Opinion The committee received the following presentation(s):  McDonogh 35 Update The committee received and discussed the following informational items:  New & Expanding Charter Update: Bricolage, Plessy, InspireNola, Einstein Extension 2) Property Committee: Mr. Nolan Marshall Jr, Chair The Property Committee met at 1:35 pm on July 11, 2013.

The committee received and discussed the following informational item(s):  Superintendent’s Report  Capital Projects Report 3) Legal and Legislative Committee: Mr. Seth Bloom, Chair The Legal and Legislative Committee met at 2:22 July 11, 2013.

Item(s) forwarded to the full Board with recommendation:  Approval of Interim Superintendent Contract The Legal & Legislative Committee went into Executive Session at 3:09 pm and reconvened at 3:28 pm. A quorum was established and an Executive Session report was provided by Mr. Ed Morris, General Counsel.

4) Policy Committee: Ms. Cynthia Cade, Chair The Policy Committee met at 3:50 pm on July 11, 2013.

The committee received and discussed the following policies for 2nd reading: J939 – Bullying, Intimidation, Harassment, and Hazing (amendment to current policy) The committee received and discussed the following informational item(s):  Update on Moton School Research 2

OPSB Business Board Meeting Minutes July 16, 2013 5) Budget and Finance Committee, Ms. Leslie Ellison, Chair The Budget & Finance Committee met at 4:50 pm on July 11, 2013 Item(s) forwarded to the full Board with recommendation:  Resolution 21-13: The 2014 Millages  Resolution 22-13:Revenue Anticipation Notes  General Liability Insurance Renewal Package  Request for Approval on the FY2014 OPSB Stipend & Supplemental Compensation Scales The Committee received and discussed the following informational items.  Canned Goods and Staples for Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0001) 

Frozen Foods, Juices and Vegetables for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0003)

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Paper Products for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0006)

The Committee received and discussed the following items. Items forwarded to the full Board as CONSENT AGENDA: 1. Direct Diversion of USDA Commodities for the 2013-2014 Fiscal Year for the Child Nutrition Program 2. Meat, Seafood, and Poultry for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0005) 3. Milk for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0002) ADOPTION OF CONSENT AGENDA Motion to approve the Consent Agenda Items was made by Woody Koppel and seconded by Leslie Ellison. Motion passed with 7 Ayes and 0 Nays ACTION ITEMS: The Orleans Parish Board is asked to act upon the following action items:  Action Item No. 1: Approval of Interim Superintendent Contract Rationale: At the February 19, 2013 Board Meeting, the Orleans Parish School Board under Action Item 11 approved a motion by Board Member Seth Bloom, seconded by Sarah Usdin for the Board President and Vice President to correct the errors on the Interim Superintendent existing contract with general counsel and to bring the item back for ratification. The motion passed with 5 ayes and 1 abstention.

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OPSB Business Board Meeting Minutes July 16, 2013 Recommendation: That the Orleans Parish School Board approves the amended contract as presented.

Motion for approval of the Interim Superintendent Contract was made by Seth Bloom and seconded by Woody Koppel.

Nolan Marshall motioned to amend the Interim Superintendent’s Contract as proposed and presented with the following recommendations. The motion was seconded by Woody Koppel.

(1) Upon the return of the Interim Superintendent to the CFO position: a. The Interim Superintendent salary be reduced to $145,000, plus OPSB provide an OPSBowned vehicle and a gas allowance of approximately $250.00 per month. OPSB will maintain all applicable insurance on the vehicle and have performed all maintenance on the vehicle as the need may arise; OR b. The Interim Superintendent’s salary be reduced to $150,000, and no OPSB-owned vehicle be provided.

At the time that the Interim Superintendent returns to the CFO position, the Board will select one of the above CFO salary options.

(2) The proposed “Termination” provision (requiring a 2/3 vote) be eliminated and the following provision be added: “The Interim Superintendent shall be retained throughout the term of this contract. However, if the Interim Superintendent is found incompetent, unworthy, or inefficient or is found to have failed to fulfill the terms and performance objectives of this contract or to comply with Board policy, the Interim Superintendent shall be discharged in accordance with the laws of the State of Louisiana. Prior to his dismissal, the Interim Superintendent shall have the right to receive written charges against him, notice of hearing, and a fair hearing before the Board.”

A substitute motion was made by Board member Cynthia Cade to terminate Mr. Stanley Smith as Interim Superintendent and immediately appoint Dr. Rosalynne Dennis as the new Interim Superintendent, and seconded by Leslie Ellison. The motion failed with 3 Ayes and 4 Nays.

Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall AYES NAYS ABSENTS

Yes No No No 3 4 0

Cynthia Cade Leslie Ellison Woody Koppel

Yes Yes No

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OPSB Business Board Meeting Minutes July 16, 2013 ABSTENTIONS

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Board member Leslie Ellison made a motion to amend Mr. Marshall’s amendment. Ms. Ellison then withdrew her motion to amend Mr. Marshall’s amendment.

Motion for the Board President and Vice President get with General Counsel to draw up a contract for the Interim Superintendent was made by Cynthia Cade and seconded by Leslie Ellison. The motion failed with 3 Ayes, 3 Nays and 1 Abstention.

Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall AYES NAYS ABSENTS ABSTENTIONS

Yes No No Abstained 3 3 0 1

Cynthia Cade Leslie Ellison Woody Koppel

Yes Yes No

Motion to table Action Item No. 1: Approval of Interim Superintendent Contract was made

by Nolan Marshall and seconded by Cynthia Cade. The motion passed. 

Action Item No. 2: Adoption of Amended Policy J939 – Bullying, Intimidation, Harassment, and Hazing Rationale: A resolution adopting the Orleans Parish School Board Residential Section 3 Plan for use in the implementation of its Louisiana Disaster Recovery Community Development Block Grant (CDBG) Program Recommendation: That the Orleans Parish School Board adopt Resolution 16-13: Section 3 Plan Motion for adoption of Amended Policy J939 – Bullying, Intimidation, Harassment, and Hazing was made by Seth Bloom and seconded by Sarah Usdin. The motion failed with 3 Nays, 3 Ayes 1 Abstention.

Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall AYES NAYS ABSENTS ABSTENTIONS

No Yes Yes Abstained 3 3 0 1

Cynthia Cade Leslie Ellison Woody Koppel

No No Yes

Leslie Ellison made a motion to amend Policy J939 – Bullying, Intimidation, Harassment, and Hazing and it was seconded by Cynthia Cade. The motion failed with 2 Ayes and 5 Nays.

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OPSB Business Board Meeting Minutes July 16, 2013 Nolan Marshall made a motion to remove the word curriculum from Policy J939 – Bullying, Intimidation, Harassment, and Hazing and it was seconded by Ira Thomas. The motion failed with 2 Ayes and 5 Nays. 

Action Item No. 3: Resolution 21-13: The 2014 Millages Rationale: A resolution adopting the calendar year 2014 millage rates for the Orleans Parish School Board’s Constitutional Millage, Purpose A Millage, Purpose B Millage, Purpose C Millage, Purpose D Millage and the millage for general obligation bonds on all the property subject to taxation in Orleans Parish, State of Louisiana.

Recommendation: That the Orleans Parish School Board adopt Resolution 21-13: The 2014 Millages Motion to adopt Resolution 21-13: The 2014 Millages and to waive the reading of the resolution was made by Woody Koppel, and seconded by Leslie Ellison. The motion passed with 7 Ayes and 0 Nays Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall AYES NAYS ABSENTS ABSTENTIONS

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Yes Yes Yes Yes 7 0 0 0

Cynthia Cade Leslie Ellison Woody Koppel

Yes Yes Yes

Action Item No. 4: Resolution 22-13: Revenue Anticipation Notes Rationale: A resolution authorizing the issuance and sale of Anticipation Notes, Series 2013 of the Orleans Parish School Board, State of Louisiana, in a principal amount not to exceed $50,000,000; making application to the State Bond Commission for consent and authority for such borrowing; and providing for other matters with respect to the forgoing.

Recommendation: That the Orleans Parish School Board adopt Resolution 22-13: Revenue Anticipation Notes Motion to adopt Resolution 22-13: Revenue Anticipation Notes and to waive the reading of the resolution was made by Woody Koppel, and seconded by Nolan Marshall. The motion passed with 6 Ayes and 0 Nays (Cynthia Cade was absent during the Roll Call Vote) Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall AYES NAYS ABSENTS

Yes Yes Yes Yes 6 0 0

Cynthia Cade Leslie Ellison Woody Koppel

Yes Yes

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OPSB Business Board Meeting Minutes July 16, 2013 ABSTENTIONS 

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Action Item No. 5: General Liability Insurance Renewal Package Rationale: Orleans Parish School Board approves the renewal of the Workers Compensation, Excess Liability, Umbrella, Full Terrorism Liability, School Leaders Errors & Omissions, and Pollution Legal Liability insurance policies through Arthur J. Gallagher Risk Management Services, Inc., and authorizes the Board President to sign the renewal agreements.

Recommendation: That Orleans Parish School Board renews the Workers Compensation, Excess Liability, Umbrella, Full Terrorism Liability, School Leaders Errors & Omissions, and Pollution Legal Liability insurance policies through Arthur J. Gallagher Risk Management Services, Inc., and authorizes the Board President to sign the renewal agreements.

Motion to approve the General Liability Insurance Renewal Package was made by Woody Koppel, and seconded by Leslie Ellison. The motion passed with 7 Ayes and 0 Nays

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Action Item No. 6: Uninsured Motorist Bodily Injury (UMBI) Motion Rationale: Propose a motion to reject uninsured/underinsured motorist bodily injury coverage from the automobile policy and further move to authorize Mr. Ira Thomas to sign on behalf of Orleans Parish School Board to reject uninsured/underinsured motorist bodily injury coverage from the automobile policy.

Recommendation: That Orleans Parish School Board approves the motion to reject UMBI coverage.

Motion to approve the rejection of Uninsured Motorist Bodily Injury (UMBI) was made by Woody Koppel, and seconded by Sarah Usdin. The motion passed with 7 Ayes and 0 Nays

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Action Item No. 7: Request for Approval on the FY2014 OPSB Stipend & Supplemental Compensation Scales Rationale: The Louisiana State Department of Education and regulations for reimbursement by federal programs of expended funds budgeted in federal grant applications require an annual adoption by the OPSB of a compensation scale for professional development stipends and supplemental compensation for employees who perform work beyond the regular work day. The attached Stipend and Supplemental Compensation Scale includes extracurricular, summer, and professional development compensation for regular employees, and casual employees including substitute teachers, hourly pay rates Only OPSB approved rates may be used for compensation of the above described activities performed after regular work hours.

Recommendation: That the Orleans Parish School Board FY 2014 OPSB Stipend and Supplemental Compensation Scale as recommended by Administration.

Motion to approve the Request for Approval on the FY2014 OPSB Stipend & Supplemental Compensation Scales was made by Cynthia Cade and seconded by Leslie Ellison.

The motion passed with 7 Ayes and 0 Nays.

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OPSB Business Board Meeting Minutes July 16, 2013 

Action Item No. 8: Request for Advisory Opinion from the Ethics Board Rationale: An advisory opinion from the Ethics Board in regard to the Thurgood Marshall College Fund Collegiate Academies @ SUNO charter application and a potential conflict of interest with a Board member is requested.

Recommendation: The Orleans Parish School Board authorizes the Charter School Office & Legal Counsel to proceed with a request for an advisory opinion regarding the Thurgood Marshall College Fund Collegiate Academies @ SUNO application.

Cynthia Cade made a substitute motion to delete the option to renew with a subsequent four years. There was no second on the motion.

Motion to approve the Request for Advisory Opinion from the Ethics Board was made by Cynthia Cade and seconded by Woody Koppel. The motion passed with 7 Ayes and 0 Nay

Motion for recess to Executive Session was made by Cynthia Cade and seconded by Woody Koppel at 10:00 p.m.

RECESS TO EXECUTIVE SESSION: Litigation Matters: 1. T.S and C.S v. Orleans Parish School Board, et al., USDC EDLA No. 2012-02170. Personal Injury Litigation. Request for settlement approval.

RECONVENE FROM EXECUTIVE SESSION/ROLL CALL: The Board reconvened from Executive Session at 10:20 p.m. and a report was provided by Mr. Edward Morris, General Counsel.

Committee Roll Call: Mr. Seth Bloom, present; Ms. Leslie Ellison, present; Ms. Sarah Usdin, present; Ira Thomas, present; Cynthia Cade, present; Woody Koppel, present; Mr. Nolan Marshall, present; Mr. Stan Smith, Interim Superintendent, present; Mr. Edward Morris, General Counsel, present. A quorum was established.

REPORT ON EXECUTIVE SESSION Litigation Matters: 1. T.S and C.S v. Orleans Parish School Board, et al., USDC EDLA No. 2012-02170. Personal Injury Litigation. Request for settlement approval.

Motion to accept General Counsel’s recommendations on litigation matters was made by Woody Koppel and seconded by Leslie Ellison. The motion passed with 7 Ayes and 0 Nays 8

OPSB Business Board Meeting Minutes July 16, 2013 ANNOUNCEMENTS 

Robert R. Moton Charter School Groundbreaking July 17, 2013 @ 10:00 a.m.

8550 Curran Road

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Louis “Satchmo” Armstrong Summer Jazz Camp Student Culminating Concert July 19, 2013 - 8:00pm to 10:00pm Loyola University, 6363 St. Charles Avenue Communications/Music Building - Roussel Hall (corner of Calhoun & St. Charles Ave.) Concert is free and open to the public.

ADJOURNMENT On motion by Woody Koppel, the Orleans Parish School Board adjourned at 10:22 pm.

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