SPECIAL MEETING/PUBLIC HEARING OF THE
EAST BATON ROUGE PARISH SCHOOL BOARD
THURSDAY, JULY 24, 2014
5:00 P.M.
The East Baton Rouge Parish School Board met at the School Board Office at 1050 South Foster Drive, Baton Rouge, Louisiana, at 5:00 p.m. on the twenty-fourth day of July 2014, in special-session convened. The President called the meeting to order with the following members present: Mr. David Tatman, President; Mr. Tarvald A. Smith, Vice President; Mr. G. Thomas “Jerry” Arbour; Mrs. Connie Bernard; Ms. Jill C. Dyason; Mr. Craig Freeman; Mrs. Barbara Freiberg; Ms. Vereta T. Lee; Mrs. Mary Lynch; Dr. Kenyetta Nelson-Smith; and Ms. Evelyn Ware-Jackson.
Others present were: Dr. Bernard Taylor, Jr., Superintendent; Mr. Michael Haggen, Deputy Superintendent for Innovation and Reform; Dr. Herman Brister, Associate Superintendent for Student Support Services; Ms. Catherine Fletcher, Chief Business Operations Officer; Ms. Millie Williams, Interim Executive Director of Human Resources; Ms. Lizabeth Frischhertz, Chief Officer of Accountability, Assessment and Evaluation; and Mr. Domoine Rutledge, General Counsel.
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School Board President, David Tatman, gave the invocation. School Board Member, Mary Lynch, led the Pledge of Allegiance.
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School Board Member, Vereta Lee, ask the Board President, David Tatman, for a “Moment of Personal Privilege”.
Motion to Vacate the Seat of School Board Member, Craig Freeman, District 6 and Exclude Mr. Freeman from Participating in any Further Proceedings of the East Baton Rouge Parish School Board
By Ms. Lee
Resolve, that, the East Baton Rouge Parish School Board does hereby exclude School Board Member, Craig Freeman, District 6, from participation in any further proceedings of the East Baton Rouge Parish School Board. This request is in accordance with La. R.S. 17:52 E(2)(3), which states:
(E2) The seat of any member who changes his domicile from the district he represents or, if elected after reapportionment, whose domicile is not within the district he represents at the time he is sworn into office shall be vacated thereby, any declaration of retention of domicile to the contrary notwithstanding.
(E3) For purposes of this Section, "domicile" means a person's principal or habitual place of residence.
Because Mr. Freeman’s principal or habitual place of residence is now in Oklahoma, where he lives and works, and not in District 6 of the East Baton Rouge Parish School Board as it is currently configured, his seat is vacant by virtue of his change of residence and/or domicile.
Discussion followed.
School Board President, David Tatman, requested Ms. Lee consult with General Counsel, Domoine Rutledge. General Counsel explained that he does not believe the East Baton Rouge Parish School Board has the authority to vacate Mr. Freeman’s seat. Mr. Rutledge stated, “The statute and language were correct in that if a person does in fact change his/her domicile then it has the same effect of vacating the seat. The change of domicile will turn on the factual circumstances surrounding that. To the extent a citizen who has a right of action and a cause of action, in this instance, would have to seek a judicial determination of that. This Board, in my opinion, does not have the authority to effectuate that.”
In addition to there being no second to the motion, President Tatman ruled the motion out of order.
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Approval to Defer Item #1
By Mrs. Bernard
Resolved, that, the East Baton Rouge Parish School Board does hereby approve to defer the following item to a Special School Board meeting on Thursday, August 7, 2014 at 5:00 p.m.: Item #1 (Discussion/Consideration of an amendment to the Highly Effective Stipend Schedule for Teachers).
Seconded by Mr. Arbour
Unanimously adopted by a vote of all the members.
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Approval to Defer Item #2
By Mrs. Freiberg
Resolved, that, the East Baton Rouge Parish School Board does hereby approve to defer the following item to a Special School Board meeting on Thursday, August 7, 2014 at 5:00 p.m.: Item #2 (Discussion/Consideration of an amendment to the Non-Act I Salary Schedule).
Seconded by Mrs. Bernard
Unanimously adopted by a vote of all the members.
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Public Hearing for the Introduction of Reapportionment Plans
The President called the Public Hearing to order with the following members present:, Mr. David Tatman, President; Mr. Tarvald A. Smith, Vice-President; Mr. G. Thomas “Jerry” Arbour; Mrs. Connie Bernard; Ms. Jill C. Dyason; Mr. Craig Freeman; Mrs. Barbara Freiberg; Mrs. Mary Lynch; Ms. Vereta T. Lee; Dr. Kenyetta Nelson-Smith; and Ms. Evelyn Ware-Jackson.
The President called the Public Hearing held and resumed the Regular Board Meeting.
Approval to Re-Advertise Reapportionment Plans
By Mr. Arbour
Resolved, that, the East Baton Rouge Parish School Board does hereby give approval to re-advertise the following Reapportionment Plans correctly: Tatman 7 Member, Freeman 9 Member 7, Tatman 9 Member, Group 3 - 9 Member, Group 3 – 10 Member. Tatman 7 Member was not included when advertised June 9, 2014 in the Official Journal, The Advocate.
Seconded by Vice-President Smith
The vote on the motion was as follows:
Yeas: (5) Mr. Arbour, Ms. Lee, Mrs. Lynch, Dr. Nelson-Smith, and Vice-President Smith
Nays: (6) Mrs. Bernard, Ms. Dyason, Mr. Freeman, Mrs. Freiberg, President Tatman, and Ms. Ware-Jackson
Abstained: (0) None
Absent: (0) None
The motion failed.
Discussion followed.
The following motion was made.
By Mrs. Freiberg
Resolved, that, the East Baton Rouge Parish School Board does approve Freeman 9 Member Plan.
Seconded by Mrs. Bernard
Discussion followed.
The following substitute motion was made.
By Mr. Freeman
Resolved, that, the East Baton Rouge Parish School Board does hereby approve Freeman 9 Member Plan with modifications.
Seconded by Ms. Ware-Jackson
The vote on the substitute motion was as follows:
Yeas: (2) Mr. Freeman and Mrs. Freiberg
Nays: (9) Mr. Arbour, Mrs. Bernard, Ms. Dyason, Ms. Lee, Mrs. Lynch, Dr. Nelson-Smith, Vice-President Smith, President Tatman, and Ms. Ware-Jackson
Abstained: (0) None
Absent: (0) None
The substitute motion failed.
Discussion continued.
The following substitute motion was made.
By Mr. Arbour
Resolved, that, the East Baton Rouge Parish School Board does hereby approve Tatman 7 Member Plan.
Seconded by Vice-President Smith
The vote on the substitute motion was as follows:
Yeas: (1) Mr. Arbour
Nays: (9) Mrs. Bernard, Mr. Freeman, Mrs. Freiberg, Ms. Lee, Mrs. Lynch, Dr. Nelson-Smith, Vice-President Smith, President Tatman, and Ms. Ware-Jackson
Abstained: (0) None
Absent: (1) Ms. Dyason
The substitute motion failed.
Discussion continued.
The following substitute motion was made.
By Dr. Nelson-Smith
Resolved, that, the East Baton Rouge Parish School Board does hereby approve Group 3 - 10 Member Plan.
Seconded by Mrs. Lynch
The vote on the substitute motion was as follows:
Yeas: (2) Mr. Arbour and Dr. Nelson-Smith
Nays: (9) Mrs. Bernard, Ms. Dyason, Mr. Freeman, Mrs. Freiberg, Ms. Lee, Mrs. Lynch, Vice-President Smith, President Tatman, and Ms. Ware-Jackson
Abstained: (0) None
Absent: (0) None
The substitute motion failed.
The vote on the original motion was as follows:
Yeas: (6) Mrs. Bernard, Ms. Dyason, Mr. Freeman, Mrs. Freiberg, President Tatman, and Ms. Ware-Jackson
Nays: (5) Mr. Arbour, Ms. Lee, Mrs. Lynch, Dr. Nelson-Smith, and Vice-President Smith
Abstained: (0) None
Absent: (0) None
The original motion was approved.
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There being no further business, the Board adjourned by acclamation.
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Dr. Bernard Taylor, Jr., Superintendent