6,836
Port Allen, Louisiana
June 18, 2014
A regular meeting of the West Baton Rouge Parish School Board was held this date with the following members present:
Jason P. Manola, President, Craig Sarradet, Toby Sarradet, Dr. Atley D. Walker,Sr., Ronald P. LeBlanc, Leon Goudeau, Thelma L. Pattan, G. Alden Chustz, Jr., Michael A. Maranto, Teri Bergeron
The Pledge of Allegiance was led by the members of the board.
The Invocation was presented by Dr. Atley D. Walker,Sr.
The next item was approval of the minutes of the regular board meeting held on May 21, 2014, and the special board meetings held on June 4, 9, 10, 11, 2014.
Whereupon, on motion of Dr. Walker and seconded by Mrs. Bergeron, the following resolution was unanimously adopted:
Be It Resolved, That the minutes of the regular board meeting held on May 21, 2014, and the special board meetings held on June 4, 9, 10, 11, 2014, be approved as presented.
The next item was the Superintendent’s report.
Whereupon, Mr. Corona presented the following information:
a) Resolution of condolences for the family of Mrs. Dorothy Teal, bus operator.
b) Request by Robert L. Hammonds, Legal Advisor, to adopt a “new resolution to join the St. John Parish School Board, et al v. State of Louisiana, et al, Minimum Foundation Program litigation.” (The Attorney General’s office refused to approve the board’s original resolution adopted on April 16, 2014, on the basis that the contingency fee agreement was an attachment to the resolution of the board rather than within the resolution itself.) The “new resolution” which is different from the previous resolution in two ways. First, it includes the specific contingency fee arrangement within the resolution itself. Secondly, it authorizes your attorneys to seek the 2.75% increase for the 2013-14 school year as well.
The Chairman declared the floor open for public comment.
Whereupon, on motion of Mr. LeBlanc and seconded by Mr. Chustz, the following resolution was unanimously adopted:
Be It Resolved, That the members of the West Baton Rouge Parish School Board do hereby extend to the family of Mrs. Dorothy Teal their feelings of sincere appreciation for the many years of dedicated and devoted service rendered by Mrs. Teal to the students in the West Baton Rouge Parish School System, and
Be It Further Resolved, That the board does hereby offer its sincere sympathy and condolences to the family of Mrs. Teal.
The next item from the Superintendent’s report was b) Request by Robert L. Hammonds, Legal Advisor, to adopt a “new resolution to join the St. John Parish School Board, et al v. State of Louisiana, et al, Minimum Foundation Program litigation.”
Whereupon, Mr. Manola called for a consent to consider resolution approving the addition of the above item to the board agenda.
Whereupon, on motion of Mrs. Pattan and seconded by Mr. Goudeau, the following resolution was unanimously adopted:
Be It Resolved, That the board does hereby approve the addition of the following item from Robert L. Hammonds, Legal Advisor, requesting that the board adopt a “new resolution to join the St. John Parish School Board, et al v. State of Louisiana, et al Minimum Foundation Program Litigation.”
WHEREAS, La. R.S. 17:81(E) provides that each school board “shall exercise proper vigilance in securing for the schools of the district all funds destined for the support of the schools, including the state funds apportioned thereto, and all other funds”; and
WHEREAS, Article 8, Section 13(B) of the Louisiana Constitution provides, in part, that the State Board of Elementary and Secondary Education shall annually develop and adopt a formula to determine the cost of a minimum foundation program of education in all public elementary and secondary schools and the Legislature shall annually appropriate funds sufficient to fully fund the current costs to the State of such a program; and
WHEREAS, Article 8, Section 13(B) also provides that “the last formula adopted by the board or its successor, and approved by the legislature shall be used for the determination of the cost of the minimum foundation program and for the allocation of funds appropriated” “whenever the legislature fails to approve the formula most recently adopted by the board”; and
WHEREAS, for fiscal year 2012-13, the State Board of Elementary and Secondary Education adopted a minimum foundation program formula and submitted that formula to the Legislature for approval pursuant to Senate Concurrent Resolution 99 of 2012; and
WHEREAS, the Legislature approved SCR 99 of 2012 and such approval was challenged in legal proceedings instituted by the Louisiana School Boards Association and others; and
WHEREAS, the Louisiana Supreme court ultimately held that SCR 99 was unconstitutional and null and void because, in part, it was not properly approved by the Legislature; and
WHEREAS, the ruling of the Louisiana Supreme Court declaring the 2012-13 MFP to be null and void required that the 2011-12 MFP be used for the determination of the cost of the minimum foundation program in 2012-13; and
WHEREAS, the 2011-12 MFP approved by the Legislature included a 2.75% growth factor for fiscal year 2012-13; and
WHEREAS, the State did not fund the 2.75% growth factor for fiscal year 2012-13 as constitutionally mandated; and
WHEREAS, the School Board has learned that a class action lawsuit entitled St. John the Baptist Parish School Board, et al v. State of Louisiana, et al; No. 622,693, Sec. 24 on the docket of the 19th Judicial District Court for the Parish of West Baton Rouge, State of Louisiana, has been filed alleging that public school systems across the State of Louisiana were not provided with the proper funding for the 2012-13 fiscal year under the MFP; and
WHEREAS, the Louisiana School Boards Association supports the efforts of public school systems to receive the state funding to which they are lawfully entitled and has encouraged all public city and parish school boards in the State of Louisiana to participate in the lawsuit captioned above in an effort to obtain such funding; and
WHEREAS, Robert L. Hammonds of the law firm of Hammonds, Sills, Adkins & Guice, LLP, Randy Cangelosi of the law firm of Kean Miller, LLP, and Brian F. Blackwell and Charles L. Patin, Jr. of the law firm of Blackwell & Associates have special expertise in the issues presented in this litigation and have agreed to represent this School Board in the aforesaid suit and have Agreed to do so on a contingency fee basis (subject to the approval by the Louisiana Attorney General) so that no fees or expenses are owed by this School Board unless and until a recovery is made on its behalf;
NOW, THEREFORE, BE IT DULY RESOLVED, by the West Baton Rouge Parish School Board in regular session duly convened that:
Section I. The West Baton Rouge Parish School Board authorizes participation as a Plaintiff in the matter entitled St. John the Baptist Parish School Board, et al v. State of Louisiana, et al, No. 622,693, Sec. 24 on the docket of the 19th Judicial District Court for the Parish of West Baton Rouge, State of Louisiana.
Section II. This School Board employs Robert L. Hammonds, Randy Cangelosi, Brian F. Blackwell and Charles L. Patin, Jr., as Special Counsel to handle such litigation on its behalf.
Section III. Any and all attorneys’ fees and expenses incurred in said litigation be contingent upon the recovery of amounts constituting the annual growth adjustment for 2012-13 not to exceed ten (10%) percent.
Section IV. This School Board ratifies and confirms the execution of the Contingent Fee Agreement and Power of Attorney engaging the services of the foregoing attorneys by the President of this School Board.
Section V. This School Board has been duly advised that the law firm of Kean Miller, LLP, and the law firm of Blackwell & Associates of Baton Rouge, Louisiana, has in the past represented, and may in the future represent, school employees in matters in which this School Board is an adverse party. This School Board recognizes that such representation may present said law firms with an actual and/or potential conflict of interest. As an inducement to said law firms to undertake its representation on the terms set forth in this Resolution, this School Board irrevocably waives any past, present, or future actual and/or potential conflicts of interest generated by representation of this School Board in said litigation.
Section VI. A copy of this Resolution shall be sent to the Attorney General of the State of Louisiana.
Section VII. Subject to approval of this Resolution by the Attorney General, this employment shall be effective immediately upon adoption of this Resolution.
Whereupon, on motion of Mr. Chustz and seconded by Mr. Craig Sarradet, the above resolution was adopted by the following vote:
The vote, in open meeting on the within resolution was as follows:
Aye: Mr. Craig Sarradet, Mr. Toby Sarradet, Dr. Walker, Mr. LeBlanc, Mr. Goudeau, Mrs. Pattan, Mr. Chustz, Mr. Maranto, Mrs. Bergeron, Mr. Manola
Nay: None
Absent: None
CERTIFICATE
I hereby certify that the foregoing resolution was adopted by the West Baton Rouge
Parish School Board in regular session duly convened on June 18, 2014, and that same has
not been rescinded or repealed.
Port Allen, Louisiana, this 18th day of June, 2014.
_______________________________ ___________________________
SECRETARY, WEST BATON PRESIDENT, WEST BATON
ROUGE PARISH SCHOOL BOARD ROUGE PARISH SCHOOL BOARD
Whereupon, Mr. Hammonds recommended that the board adopt the following resolution agreeing to institute litigation to recover the annual growth adjustment of 2.75 percent required to be applied to the state and local base per pupil amount in the Minimum Foundation Program funding formula for Fiscal Year 2013-14, and also regarding employment of Special Counsel, in accordance with Louisiana Revised Statute 42:263.
Whereupon, on motion of Mr. Chustz and seconded by Mr. Craig Sarradet, the following resolution was unanimously adopted:
WHEREAS, during each fiscal year between Fiscal Year 2009-10 and Fiscal Year 2011-12, the Louisiana Board of Elementary and Secondary Education adopted and the Louisiana Legislature approved a Minimum Foundation Program funding formula that provides that an annual growth adjustment of 2.75% shall automatically be applied to the state and local base per pupil amount in the event that the Resolution adopting that formula remains in effect in a subsequent fiscal year, and
WHEREAS, one of the Minimum Foundation Program funding formulas adopted by the Louisiana Board of Elementary and Secondary Education and approved by the Louisiana legislature between Fiscal Year 2009-10 and Fiscal Year 2011-12 remains in effect for Fiscal Year 2013-14 by virtue of the Louisiana Legislature’s failure to approve a Minimum Foundation Program funding formula for Fiscal Year 2013-14, and
WHEREAS, the West Baton Rouge Parish School Board has been negatively impacted by there being no growth in the state and local base per pupil amount in the Minimum Foundation Program funding formula for several prior years, and
WHEREAS, the application of one of the Minimum Foundation Program funding formulas adopted by the Louisiana Board of Elementary and Secondary Education and approved by the Louisiana legislature between Fiscal Year 2009-10 and Fiscal Year 2011-12 will result in a growth of 2.75 percent in the state and local base per pupil amount in the Minimum Foundation Program funding formula for Fiscal Year 2013-14, and
WHEREAS, pursuant to La. R.S. 17:81(E)(1), school boards are mandated to exercise proper vigilance in securing for their schools all funds destined for the support of said schools, and
WHEREAS, the funds comprising the annual growth adjustment are funds destined for the support of the schools in this school system, and
WHEREAS, each and every public school system operating public elementary and secondary schools within the State of Louisiana is similarly situated,
WHEREAS, the West Baton Rouge Parish School Board, its Superintendent of Schools, and its staff are in need of special counsel with experience, training, and expertise in school law issues to institute litigation to recover any and all funds destined for the support of the public schools in West Baton Rouge Parish, and
WHEREAS, through its representation of various school boards in the State of Louisiana, the law firm of Hammonds, Sills, Adkins & Guice, LLP of Baton Rouge, Louisiana, has special experience, training, and expertise in those issues of school law relevant to the proposed litigation, and
WHEREAS, through its representation of the Louisiana Association of Educators and others in the constitutional litigation as well as its representation of various school employees throughout the State of Louisiana, the law firm of Blackwell & Associates of Baton Rouge, Louisiana, has special experience, training, and expertise in those issues of school law relevant to the proposed litigation, now
THEREFORE, BE IT DULY RESOLVED, by the West Baton Rouge Parish School Board in special session duly convened that it directs its special counsel, Hammonds, Sills, Adkins & Guice, LLP and Blackwell & Associates, hired for this specific purpose to immediately institute such litigation as may in special counsel’s opinion be deemed necessary and appropriate to recover the annual growth adjustment of 2.75 percent required to be applied to the state and local base per pupil amount in the Minimum Foundation Program funding formula for Fiscal Year 2013-14 as a result of the application of one of the Minimum Foundation Program funding formulas adopted by the Louisiana Board of Elementary and Secondary Education and approved by the Louisiana legislature between Fiscal Year 2009-10 and Fiscal Year 2011-12 on behalf of the West Baton Rouge Parish School Board.
BE IT FURTHER RESOLVED that the West Baton Rouge Parish School Board has been duly advised that the law firm of Blackwell & Associates of Baton Rouge, Louisiana has in the past, and may, in the future, represent school employees in matters in which the West Baton Rouge Parish School Board is an adverse party. The West Baton Rouge Parish School Board recognizes that such representation may present said law firm with an actual and/or potential conflict of interest.
As an inducement to said law firm to undertake its representation on the terms set forth in this Resolution, the West Baton Rouge Parish School Board irrevocably waives any and all such past, present and future actual and/or potential conflicts of interest.
BE IT FURTHER RESOLVED, that the West Baton Rouge Parish School Board specifically authorizes special counsel to name it as a party plaintiff and/or intervenor to said lawsuit.
BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to the Attorney General of the State of Louisiana
BE IT FURTHER RESOLVED, that subject to approval of this Resolution by the Attorney General, this employment shall be effective immediately upon adoption of this Resolution.
BE IT FURTHER RESOLVED, that any and all attorneys’ fees and expenses incurred in said litigation be contingent upon the recovery of amounts constituting the annual growth adjustment for Fiscal Year 2013-14, not to exceed ten (10%) percent.
BE IT FURTHER RESOLVED, that the President of the West Baton Rouge Parish School Board is hereby authorized and empowered to execute the Contingent Fee Agreement and Power of Attorney engaging the services of Hammonds, Sills, Adkins & Guice, LLP and Blackwell & Associates.
The vote, in open meeting on the within resolution was as follows:
Aye: Mr. Craig Sarradet, Mr. Toby Sarradet, Dr. Walker, Mr. LeBlanc, Mr. Goudeau, Mrs. Pattan, Mr. Chustz, Mr. Maranto, Mrs. Bergeron, Mr. Manola
Nay: None
Absent: None
CERTIFICATE
I hereby certify that the foregoing resolution was adopted by the West Baton Rouge Parish School Board in regular session duly convened on June 18, 2014, and that same has not been rescinded or repealed.
Port Allen, Louisiana, this 18th day of June, 2014.
________________________________ ________________________
SECRETARY, WEST BATON PRESIDENT, WEST BATON
ROUGE PARISH SCHOOL BOARD ROUGE PARISH SCHOOL BOARD
The next item was introduction of the following items on the End of Consent Agenda:
The next item was End of Consent Agenda item #7: Consideration of granting permission for Julie Rose, Director, WBR Museum, to collect and save items from the former Cohn High School for the museum’s collection of items from the former Cohn High School.
The Chairman declared the floor open for public comment.
Whereupon, on motion of Mr. Goudeau and seconded by Dr. Walker, the following resolution was unanimously adopted:
Be It Resolved, That the board does hereby grant permission for Julie Rose, Director, WBR Museum, to collect and save items from the former Cohn High School for the museum’s collection of items from the former Cohn High School, and
Be It Further Resolved, That Ms. Rose be accompanied by Jeff Kershaw, Supervisor of Maintenance, to visit the Cohn High School for procuring the items.
The next item was End of Consent Agenda item #8: Consideration of request for approval to adopt for publication, the WBR Parish Student Handbook for 2014-15, as presented by Superintendent Corona.
The Chairman declared the floor open for public comment.
Whereupon, on motion of Mrs. Pattan and seconded by Mrs. Bergeron, the following resolution was unanimously adopted:
Be It Resolved, That the board does hereby approve and adopt for publication the WBR Parish Student Handbook for 2014-15, as presented by Superintendent Corona.
The next item was End of Consent Agenda Item #9: Consideration of the bid compilation for Food Service bids received on 5/28/14 for the 2014-15 school year. (does not include milk products which will be presented in July)Vivian Landry
Mrs. Vivian Landry presented the final bid summary for the following Food Service bids, excluding milk which will be presented in July:
PROCESSED FOODS
VENDORS: Pon Food Corp. & Cajun Wholesale Distributing
Awarded To: Pon Food Corp. & Cajun Wholesale Distributing
(this is a line bid. Items awarded to lowest bidders.)
FROZEN FRUIT, VEGETABLES, AND BREAKFAST ITEMS
VENDOR: Pon Food Corp.
Awarded To: Pon Food Corp.
(this is a line bid. Items awarded to lowest bidders.)
MEAT & MEAT PRODUCTS
VENDORS: Pon Food Corp.
River Parish Foods
Awarded To: Pon Food Corp. & River Parish Foods
(this is a line bid. Items awarded to lowest bidders.)
BREAD & BREAD PRODUCTS
VENDOR: Pon Food Corp.
Awarded To: Pon Food Corp.
(this is a line bid. Items awarded to lowest bidders.)
CHEMICAL, PAPER AND MISCELLANENOUS SUPPLIES
VENDORS: Pon Food Corp.
Economical Janitorial and Paper Supply
Awarded To: Pon Food Corp. and Economical Janitorial and Paper Supply
(this is a line bid. Items awarded to lowest bidders.)
SMALL EQUIPMENT
VENDOR: Economical Janitorial and Paper Supplies
Cayard’s Inc.
Awarded To: Cayard’s and Economical Janitorial and Paper Supplies
(this is a line bid. Items awarded to lowest bidders.)
The Chairman declared the floor open for public comment.
Whereupon, the following resolution was offered by Mr. Chustz and seconded by Mr. Maranto:
Be It Resolved, That the board does hereby accept and approve the Summary of Food service bids and awarding of bids to the vendors recommended by Vivian Landry.
The above resolution was adopted by the following vote:
Aye: Mr. Craig Sarradet, Dr. Walker, Mr. LeBlanc, Mr. Goudeau, Mrs. Pattan, Mr. Chustz, Mr. Maranto, Mrs. Bergeron, Mr. Maranto
Nay: None
Abstain: Mr. Toby Sarradet
The next item was End of Consent agenda Item #10: Consideration of request for approval of the monthly expenditures and financial reports/Jared Gibbs.
Whereupon, Jared Gibbs, Supervisor of Business Services, presented the monthly expenditures and financial reports.
The Chairman declared the floor open for public comment.
Whereupon, on motion of Mr. Chustz and seconded by Mr. LeBlanc, the following resolution was unanimously adopted:
Be It Resolved, That the monthly expenditures and financial reports be approved and adopted as presented by Jared Gibbs, Supervisor of Business Services.
The next item was End of Consent agenda Item #11: Discussion and action concerning selection of Superintendent/Jason Manola.
The Chairman declared the floor open for public comment.
Whereupon, on motion of Mr. Toby Sarradet and seconded by Mrs. Bergeron, the following resolution was unanimously adopted:
Be It Resolved, That the board declare itself in Executive Session.
Upon termination of the Executive Session, on motion of Dr. Walker and seconded by Mr. Goudeau, the following resolution was unanimously adopted:
Be It Resolved, That the board declare itself in Open Session.
Whereupon, President Manola presented the following procedure to be used in the selection of
the Superintendent:
1. The President will open the floor for nominations.
2. Each board member shall have a separate ballot sheet and will list their choice. Each board member shall also put their name and date on their ballot.
3. The ballots will be collected by Mrs. Diane Hebert/Board Minute Clerk. Mrs. Hebert will give the ballots to President Manola.
4. Each individual ballot and the board members name shall be read aloud by President Manola.
5. Mrs. Hebert, Board Minute Clerk, will tally the votes.
6. President Manola will announce the name of the finalist for the Superintendent position.
7. All ballots will be included in the official minutes of the meeting held this date.
President Manola declared the floor open for nominations for the position of Superintendent.
Whereupon, Mrs. Thelma Pattan nominated Mrs. Annette Mire.
Whereupon, Mr. G. Alden Chustz,Jr., nominated Mr. Wesley Watts.
There being no further nominations, the President declared the floor closed.
`
President Manola called out the following names and name of board member on the ballot:
June 18, 2014 Thelma L. Pattan Mrs. Annette Mire
June 18, 2014 Michael A. Maranto Mr. Wesley Watts
June 18, 2014 G. Alden Chustz,Jr. Mr. Wesley Watts
June 18, 2014 Teri B. Bergeron Mr. Wesley Watts
June 18, 2014 Jason Manola Mr. Wesley Watts
June 18, 2014 Ronald P. LeBlanc Mr. Wesley Watts
June 18, 2014 Dr. Atley D. Walker,Sr. Mrs. Annette Mire
June 18, 2014 Mr. Toby Sarradet Mr. Wesley Watts
June 18, 2014 Mr. Craig Sarradet Mr. Wesley Watts
June 18, 2014 Mr. Leon Goudeau Mrs. Annette Mire
Mrs. Diane Hebert, Minute Clerk, tallied the votes with the following results:
Mrs. Annette Mire 3
Mr. Wesley Watts 7
The original ballots will be recorded in the official minute book.
Whereupon, Mr. Wesley Watts received the majority of the votes and was declared Superintendent.
The Chairman declared the floor open for public comment.
Whereupon, on motion of Dr. Walker and seconded by Mrs. Pattan, the following resolution was unanimously adopted:
Be It Resolved, That Mr. Wesley Watts be appointed Superintendent pending final contract negotiations.
The next item was End of Consent Agenda item #12: Committee meeting date July 8, 2014 and board meeting date July 16, 2014.
There being no further business to come before the board, on motion of Mr. LeBlanc and seconded by Dr. Walker, the meeting was adjourned.
_____________________________
David Corona
Secretary-Treasurer
__________________________
Jason Manola
President