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School Board Meeting 2017-11-09

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School Board Meeting 2017-11-09

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you're watching wpst St John the Baptist Parish Public School television check it out special session at got your grandma cafeteria 1600 Highway 44 Reserve is in a 6 p.m. on Thursday November 9th 2017 in agenda is a follow now we have a call to order have a moment of silence shower could you please leave those in the Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all roll call Sanders present Johnson DeWyze here it's Mitchell here is to Trish is tomorrow executive session see full disclosure and a full report lawsuit I wouldn't jr. vs st. John the Baptist Parish School Board cooling but not limited to Insurance's policies payment contracts Library documents relative to the settlement of this case requires action what's the move Motion made by mr. Keller to go just bored with the District Attorney's office as this matter has been settled in the it is actually been settled so the matter to going to take this test will be illegal under Louisiana revised Statute 4217 subpart to specifically that statute provides for an executive session from matters dealing with strategy in negotiations that would not negatively impact or negatively affect the bargaining position on negotiating position of the board since the board has already negotiated I'm sorry since in the settlement agreement has already been negotiated on behalf of the board it would be improper for the boy to introduce active session on this matter Kevin Clyburn litigation counsel for the school board this matter is still pending there was a tentative settlement Orly read into the record but currently there has never been a motion to dismiss filed and litigation is one of two things it is either ending or it is dismissed there's no in between because no motion to dismiss has been this matter is still pending consequently executive session is appropriate I'm on my way to get through the first for the boys clarification I will read our reader by Statute 42 tune to specifically says a public body May hold an executive session pursuant to revised Statute 4216 for one or more of the following reasons number two strategies for negotiations with respect to collect bargaining prospective litigation after formal written demand pertinent to this conversation or litigation when an open meeting would have a detrimental effect on the bargaining or litigating position of the public body if this discussion will not have a detrimental effect on your bargaining a litigation position and executive session would be an appropriate under revised Statute 4217 thank you do I say thank you would want to be a gentleman be kind enough to on that basis explain to me why I have never heard about any portion of this suit much less is the agreement the settlement that we've agreed upon nobody's ever presented that to us that I'm aware of things to wise to address your question it goes to previous board policy where the the ability to negotiate settlements has always been delegated to a superintendent and administration at least be able to to learn the contents of the settlement this is not a board policy I created mr. wise this is one that I keep explaining I'm saying yes you absolutely are entitled to know all of those things absolutely are and given that we are not yep signed off on this at this point it's still a matter of litigation is that correct gentleman technically since it has not been dismissed it is still pending yes sir and we may add some Point wish to discuss future strategy in this case we will be directly discussing strategy in this case and that is one of the reasons why executive session is appropriate secondarily one of the issues that you can discuss in executive session is personnel obviously considering this is an employee will necessarily have to specifically discuss things that would be part of his personnel file just for my own knowledge do you or do you agree Miss dembow limo wise I have submitted to the board of public record of court record that clearly understood indicate but this matter has been resolved an agreement was reached the parties reach their agreement and it is a portion of the court record so there is no strategy to discuss with what what's the settlement the actual Court Document indicates that the case was settled in favor of mr. will receive a full settlement in the amount of $100,000 from the st. John the Baptist Parish School Board the first payment will be made and easily to mr. and which time he will retire from the st. John the Baptist Parish School Board Apple list of retirement he shall receive all benefits School Board retirement plan and the second payment of $50,000 will be paid on January 2nd 2018 to mr. upon receipt of the full settlement amount the matter will be dismissed without prejudice so that is the only reason why is because the second payment has not been made however this has been made a part of the court record there is no more bargaining or litigation pardon the interruption signed by the judge is that correct we don't have the actual sign judgment however the court record reflects that this agreement was entered into on behalf of the school board in favor of mister and I think mr. it was mr. Clyburn who represented the school board lawsuit itself was pending against the st. John the Baptist Parish School Board mr. George and his interview capacity as well as in his capacity as the superintendent well said mr. George's relationship to the society accept as superintendent of schools and I'm not in the tournament I'll acknowledge that going in but if it has not been finally approved by a judge is it not technically at this point still unsettled however weather spinning are not understand what the open meetings law says if it will affect the negotiation and bargaining of the settlement the settlement is already been made the Old Law indicated pending litigation the new law does not indicate pending litigation other as it was as it relates to this because it is no longer pending it is already been settled in there's no need to barter bargain or two engage in negotiations because it is already been done and that is what I'm understanding is that we as a board cannot at the Point change modify or challenge anything that has been agreed upon in this document without facing more exposure to liability because mr. Lube the court are the representations have made and mr. Lube has relying upon this settlement so is his attorneys if you look at one of the agreements that stipulated it says that mr. who shall receive the first payment immediately so I don't know if that payment has been made the next thing is that mr. who shall retire and receive his full benefits and thereafter so I understand the mister who has retired from the school system so portions of the agreed-upon set may already have taken effect that makes yes it's going to be well not impossible but it's going to be more detrimental because they've already agreed to mr. Lube is relying upon this agreement the cord isn't relying upon this agreement they have made this agreement in front of the judge and it is a part of the court record okay thank you judge has not signed any judgment she had the matter is not over it is pending in an order for us to discuss that only miss Two Boots Personnel issues but it would also require us to discuss strategies and how these numbers were arrived at and what the thoughts and ideas of the board were or the superintendent were understand attorney clairbridge desire to go into executive session to keep this out of the public eye it is something that should have been on the agenda the public should have been made aware of and as I expressed in my letter on last Friday this board should have been made aware of it through a property item in negotiations and strategies should have been discussed in executive session and this point in this litigation that can happen not to mention what I'm saying to you was that exception under the public under the open meetings law says that it has to have a negative effect or affect on bargaining and Strat G in this litigation there's no more border getting it's already done there's no more strategy it's already done so that is the clause in the law that does not allow this to be a properly Place item into executive session as district attorney for the Parish of Saint John the Baptist I am the person that is responsible for their forcement of open meeting laws and it is my opinion am I strong recommendation at this board adhere to the law and I am not recommending that this item be placed in executive session there is no need to talk about any Personnel matters there's no need to talk about anybody's character or anything because what has occurred occurred in a public court and a public record has been made of it thank you what's the kleiber can I ask you one question I'll get some tomorrow two things was an insurance policy used to pay the to negotiate this clam you don't have insurance to cover employee benefits they came out of general fund just about would be the one okay and the second thing is a policy that the school board has that we adopted a policy can you direct me to that policy since I cannot I can tell you that in the ten years that I have been litigation attorney that that ability to approve or disapprove settlements has been delegated to the superintendent after he confers with the Director of Finance that would be why and they're there very very specific reasons why that was something that you guys apparently adopted at some point I think originally it started because you had an insurance and insurance company that was settled all of your cases within your deductible without giving you any input whatsoever you just get a bill for $50 it was $25,000 back then you just get a bill and mr. bio it's about and I believe some point is the one who had discussions with you guys and that was where no that was where the policy was developed in the custom was developed the superintendent whoever it was just not just not George is not the first one to do this this is the way it's been since super I can only speak to superintendent Coburn has been this way at least since then and they're very very specific reasons why that has been the case but anyway I'm sorry I hope that answers your questions tomorrow yes we're Disco okay we've just been handed something that's is it going to give you one clarification as to Beryl there have been times where the board has asked me to provide legal updates and there has been times where the board has said this specific litigation we want to be kept price of it with other litigations it's been more arms-length and the administration is handled it twice thank you mr. president I'm a little concerned that that we had two sources of legal expertise here and they can't agree on the basic issue before us which is whether or not we can talk about this in secret I'm would suggest subject to the board's approval that we asthma take Miss Denver advice here and just pass on with this but with the two of you nice folks in the superintendent and everybody else that perhaps we need to develop a specific policy or at least review a policy that exists now so that we will know in the future how to deal with this kind of thing and mr. wise your precisely correct the board has the ability to say I will delegate cases that are valued at this amount we don't want to know about other cases you can specifically Divine and I think I think it would be very easy to accomplish and avoid misunderstandings like this in the future but make no mistake as it has been accused is to George has not done anything that has not been done as polishing custom that has not been followed or over a decade I can't speak to before me but there was no there was no mechanism by which you would seek waterproof for individual settlements it was done and find you this has been discussed this is water under the bridge let's just say in an abundance of caution I would rather that we followed the Superman out of the District Attorney's advice and except what in the near future we're going to need to see what the what the executive committee and such some specific analyses of our current policy if there is one and either improve upon it or draft a new one yes sir that's my suggestion know what's what you folks decide to do is completely up to you I will only agree with this truck Liebert on one thing no mr. George probably did not do anything except for take the advice of Mystic Harbor there is no policy that allows for the superintendent or an attorney to engage in settlement negotiation make a settlement without board approval because it damages or taxpayer dollars and this board is responsible justly and fiduciarily to protect an limit the exposure of liability to the taxpayers so at this time I I I think it was a wise for deferring to my advice I appreciate it but the advice and explanation I was given concerns me thank you very much and I make a motion that we just accept this as a settlements and proceed what's what is on the agenda here what are we supposed to be doing requires action right now are we supposed to report on a lawsuit building but not limited insurance policy contract liability documents relative to the sediments of this case on the item to ask you a question I'm sorry one of the reasons why I'm here is that no one knows what happened this item was taken to court on October 12th settled by mr. George the Cliven go to union attorney representing Misty altenew I'd like to know more about this I like to know why we were in court as of today the super attended out of supply I know he had supplied me with any information on this case I like to know why we went to cord I want to know why there was a settlement and why do we come up with a hundred thousand what is a bigot I'd like a report from you the Mystic live it or I'd like a report for mr. John is telling us what happened when I call the Louisiana School Board Association you can't do anything cuz you don't know what happened you don't know any details so went out why the hundred thousand dollars I like using this the climate on this to Georgia tell her why when one chord why wouldn't I be notified that Willy Wonka World why wouldn't I give in a car I just lost 5 I missed out the new why wouldn't we told that there was a settlement and I don't know where the money is coming from is it coming from errors and omissions is there deductible on Arizona Mission Isaac coming out of fun and I must agree if we using taxpayer dollars I got a problem and address some of your questions dr. Keller without violate disturbs right to be notified when evaluating the direct I know why he went to court settlement claim who was previously a tad actor level mr. Lube was scented letter 180 days ago or before his term expires explaining the his contract maybe may not be renewed it may be terminated history was returned because he was I'm very careful about what I say because I can't even discuss the attendance or anything like that let's just say that the that mystery was returned to the position of a classroom teacher several months into that position e-file the law suit alleging that his notice of termination January was improper it was seeking to be returned to a director position for another two-year term another two-year term so the exposure at that time was that if the board lost you would have to pay back pay or those few months and you would have to return MR2 a director position for two additional years plus back pay for that year at a direct what understanding in this is will be public records in this dude said his two-year contract was violated and he was not given ample notice or 20 day notice by law by law you should have been given a hundred and noticed it should have been renewed for. Of 2 years that's why we were in court I don't have the key mr. Lube no but you but you said though a lawsuit said was in a lawsuit but the question was not whether he was given notice it was whether the notice given was adequate is a big difference between that and a lawsuit what's the difference between winter lose that's what creates your exposure is those differences that you heard stendo night tonight Warriors don't agree one person says isn't law it's the judge who makes that send us a little while ago you can't go into executive session not long ago she bragged about 6 if you went to court because you did go into executive session and the judge said she was wrong about that we are not in but that's why you have lawyers that's what we do is we advocated for our clients so mr. who did make those claims and we can publicly discuss the claims he made but that doesn't mean that everything he said was true and mr. George and attorney for the union came up to a settlement not to judge you might have to join an attorney for the union y'all came up with an in the lawsuit was found when the judge won't come down the st. John the Baptist Parish School Board will be at phone we will be at 4 and I don't know a thing about this lawsuit and not but I am being held accountable but you were at the part that were unable to discuss is why this amount we cannot discuss what history of benefits where you can't discuss anything about what he may have been Old Orchard Bossier is your hand you your hamstringing Yourself by conducting this discussion publicly because you cannot talk about personal matters okay has nothing to do with transparency what's inside embroidery call the special meeting are two items at that I questions about that are we you willing to admit I did not use insurance policy and it is out of general fund Miss only missed it by one can answer that question I don't write the check okay and the liability documents I'm saying we have no more liability on this kids can we be sued or the more only to the extent that the final judgment has not been signed that's why this is still because it's technically not resolved what you doing for it is you you can read a judge you can read a general agreement into the record but it always must be followed up a written judgment that is so so we can talk about the recording being part of the Wrecker but it's not the finalized documents are not there what happens this tomorrow is when you reach a settlement you generally agree I'm going to pay you this much money in exchange for that money you're going to do this for me what does a lot more involved in it than that you know that's why settlement documents are typically 30 40 pages long it's because you cannot capture everything in in reading it into the record and that's why when the judge gets the the judge not sign a judgement until the parties each executed releases for each partially performed or did something else was just following up on that I understood this Denver to say that if we took this further in court then we would potentially expose herself to read a liability but if we proceed with this set as is then we have no further exposure is that yes it is correct a lawsuit was filed the school board superintendent Georgia is individual capacity and also in its highest capacity of a superintendent for a violation of a notice requirement as mr. Kelly has dated lost and the school board and it's in the judgment and the minutes cuz there has not been a judge me with the minutes will reflect that the lawsuit agreement against the school board not against mr. George individually or as the superintendent in fact I not to bring up another legal issue but I also have some concerns about that representation because by mr. George being sued individually I don't have any understanding or appreciation for why he did not have a separate attorney from the school board I can understand in his capacity as superintendent want to receive League representation pro bono on taxpayer dollars I am also concerned about that but my issue is they own thing I'm curious about this point that's the girl raised the question as to additional liability and as I understand it we have no additional liability if this precedes as it that is correct sir thank you so much are you want to clarify I just heard I wish somebody clarify something actually in my 17 years practicing law I never heard the words put together that way a settlement is not against anyone settlements are compromise agreements between parties in any settlement it's not against any it's a decision has been made in order to mitigate further exposure you reach a compromise I just heard that the settlement was against the school board that doesn't make sense that compromise is the reason you have a compromise is because both parties receive a benefit within a settlement is a bilateral agreement both parties give both parties take. Before we go Chris kleiber one scribble over words the one thing that I can say is the school board and the taxpayers on the hook for $100,000 to mr. Lube as a result of the violations that were committed and if we had not done anything that was exposing us to liability why did we not take this to court and defend ourselves however we entered into a settlement because there was a violation of the law and now we have to pay for it so we're going to serve the legalese that was it I want to bring up and that's something that we can take off but the school board in the taxpayers on the hook for $100,000 on Reseda full settlement amount the matter will be dismiss about Prejudice so to clarify something presently it's with prejudice that means it can be reviewed and discuss that are to mr. wise that you can be exposed to Sun additional liability because you have to you have to fulfill the conditions you have to give him the immediate payment the first $50,000 is going to get his retirement benefits and second payment has to be done on January 2nd 2018 if if those conditions are not mad then it will not be dismissed with prejudice in that way Masood can't come back however if you don't fulfill these requirements is who can come back I think that's not looking at right now I see you somewhere are teachers an audience at one sitting next to me when you retire you're giving benefit all your sick leave and vacation days you could have enough vacation days and sick leave as one of all the  and he left he got more than $1,000 and pay as you did not use his sick days with everyone at the end and that is the way it works in the state of Louisiana alright but I missed the question it of X and which pretty much came the answer the first one are we paying for this and I guess my phone is going to come and say that we're using. out of the general fund and wanted liability documents to the relative to the case isn't everyone aware of the statement that mr. Mercedes scriber see that we probably going to pay for this out of general fund but did not say anything to say that I have no idea how many bank account y'all have what account is what how things are going Fila suit did you sue an insurance company or did they shoot sue us the school board you don't have an insurance company that's capable of being sued we don't have insurance company for errors and Emissions your insurance is under written by what's called an interlock Tori risk management agency it is not a traditional in sure they're not subject to direct action that cannot be named as a defendant in lawsuit so I don't know what they they would not provide coverage in a case like this because sensually history  case was about 40 benefits owed will come from that matter we come from wherever you pay when a teacher goes out sick or where teachers absent or she uses a vacation day whatever account that is that's what you would have paid him we're getting awfully close to the edge I'm trying I'm trying to stir wise not to not to fall over the edge with once again but let's see requires action on number 4 way to is there a Ross in the table number three until we can get a legal opinion on this matter alright alright okay then Emotion by misterwives to Stapleton definitely checking about missing Sanders bro, just for clarification legal opinion on what if we can go in executives can we discuss it in public I thought we just discussed it in public no we did not discuss what's the table the discussion discussion can you discussing it where you going to table it indefinitely okay I'm just trying to get clarification for Ramiro call Coco Tilden dr. Kelly yes yes yes yes 11 East and I just handed out of town motion table passes I've number for the four of them before I give it time I ain't cuz I recently we were told that I was rushing Newcleus but on these matters we were discussing right now this is not new or Jermaine to me the office in position of President is not an individual it's a position it must be respected just like any the board member I've tried to be very diligent in providing the board with information and tried to be transparent to the community and other board members regardless who who was this position as President we need to iron an old of off-the-wall are constituents we just passed Washington sales tax in Urbana renew the parish I'll constituents are friends the man that would be good stewards of the taxes and they are spending my attempt to out my teen years to keep everyone informed regardless of who is president or board member are the this is must be communicated with and respected I doing the timeline this is not nothing that just came out now last week November 30th we got an email from the District Attorney's Office in formulas about some violations what's on June 8th 2017 and item was placed on the agenda that was for the lawsuit from by before she of this client it did not attend the meeting but attorney, property the lawyer did not know who to send a lawsuit on July 31st I notify the board that we would have to be more careful because Santiam Pass we were at a church retreat in Baton Rouge received negative press because they had or treating Mississippi also attached is the minutes whereas every lawsuit we discussed at The Retreat is clearly labeled and plays in the official minutes on September 20th 2017 I sent a request for information to the administration and executive committee members about a list of settled lawsuits and other request was informed by mr. Boston that mr. Kevin Clyde word was informed all these emails are attached on September 21st 2017 we have school board meeting of pending lawsuits on September 27th 2000 I lost it with Obama stood on October 12th 2017 a lawsuit was settled on October 10th 2017 executive committee meeting no mention of lawsuit settlement October 19th 2017 who were meeting no mention of that suit lawsuit settled November 1st 2017 discussion of req of the contract of a lawyer services mrs. George did an email that develop for Legal Services at this time special meeting was called and it was inclusion with four of the items that we had that I requested in September 20th on November 3rd a little were received from the District Attorney's office on November 7th special meeting was called to discuss these issues last year before I became president we as the board identified several contractor will coming up for bid and we decided last year that we would put everything out for bid bus maintenance contract was split and want to bring it back as won the trophy contract sales tax in collection and not been advertised since 2004 and the contract I work with legal services for becnel Law Services had been since 2008 and had not been advertised for so we decided as a board that we will go out and put everything out for bed so what is happening right now is our situation when we go down to the other items these are things that we discussed we had last year and it had no individual reference or actions while we were doing it so with that being said I'm Number 4 District administration provide the board with copies of our errors and omissions policy in our board policy is green the superintendent in the board to turn it into an agreement settlement in our litigation without a board approval. You said that this was done maybe 10 year promise I wasn't on the board then did the board of DACA policy where this could be done without board approval this has been the board's policy and custom since I have been the attorney cuz I have been your little attorney that has been your policy and I have discussed it with all of you because they're very specific reasons that go directly towards our litigation strategy that I'm not able to say that I'm not able to publicly say without violating your privilege and the privilege is yours if you would choose to take a vote and tell me mr. kluivert I waive attorney-client privilege I'm going to allow you now to tell me why the discussions we've had as to why you have adopted or why that has always been the policy since I've been the attorney okay but you see we have a ton of attorney-client privilege that would be an executive session that items that I listed where I send James Parish discuss litigation items it was done in letting litigation sessions both in executive session during litigation updates and in private conversations I've had with each and everyone of you over the last 11 12 years buddy do you understand my point either he gets done now or two years when I'm no longer the present is like what Trump I'm saying we still have to do it exactly what the President says and their whole body in deposits we cannot make up things as we go along and all I'm asking right now do we have a policy in place if not I'm saying is that a committee is going to meet and in doctor policy and make sure that everything is brought before it exactly committee your policy would have been the time I became litigation counsel mister was your but I always called him with the board attorney who advised you on I've never advise you on policy as litigation counsel it was explained that there was that the board's policy and custom at that time and the superintendent Coburn your policy was not to discuss each and every bits of litigation in executive session but instead you had delegated that authority to the superintendent superintendent Coburn was the one at the time and the director of business and finance so that he could make a determination as to whether or not you could have new settlement whether or not it made sense to do it so down to the follow-up part of your question is can you develop a policy that is very specific that does like you talking about Mississippi absolutely can that you can have it to her literally any litigation filed happy to have you cannot have a policy so specific to where it says the secretary of the superintendent Shelly immediately email and sent by certified mail to all board members every pleading received by the superintendent you can go further is to say that the school board should ask school board has to approve every every property claim that it pays for you can say look anything we're exposed is over $50,000 I want to know about that or any Personnel matters but this one is 100 we're kind of going around again we already discussed a bit of this at least and and so I'll make the motion one thing we haven't discussed come up earlier is the issue of the e&o policy and I wouldn't object to seeing a copy of that so I will move that we instruct the administration for bill by ducks with copies of the errors and omissions policy and do work with our legal advisers on developing a policy to submit to this okay with the four Hero II in which I have no problem with that but I think by at the end of the day everything's probably should come between force what let you know what is money being spent the finance committee to make sure to make sure that we have these money I agree with what I'm saying is that the superintendent these two nice folks down at our sit down together and develop a policy I can go as deep as as of everybody agrees it should and then bring that proposed policy to us so that we can do there is a policy is a part of our policy manual we can just dig up and say hey look here this is what says we're supposed to do I'm just taking my ocean is pretty much what you wrote here and that tough we get copies of the e&o insurance and that the superintendent and our league of advisors develop a policy or improve whatever policy we may have to bring to us for approval is a gentleman's agreement okay but I second that emotion I like to be recognized is legal advisor to this board I am very familiar with the policy and procedures you have no written policy with regards to giving approval to the attorney or to the school board pendant to enter in to negotiations and engage in settlement agreements that put the board in the taxpayers money at risk so we need a policy so you absolutely if I would like to have a policy absent a policy in my letter to you on Friday November 3rd I stand by my words that mr. George Library was famous in their duties to inform this board of a lawsuit that was filed in September to engage you in an executive session to discuss strategies and positions and postures of this lawsuit two again bring onto a public agenda item so that the public can the people who pay taxes or where that exposure to liability two again bring to your attention that there was even a settlement offer on the table and cystic fibrosis using analogies in the meeting let me use one for you each one of you if you had a lawyer and you do Supply but he's your litigation lawyer and that's all medication while you he's your Workhorse lawyer he is the lawyer that is contracted to do and represent you in litigation matters if you had a personal attorney who said the case without your knowledge or entered into an agreement let's just say it's family law agrees to give the house to your spouse take the children away from you how would you feel what about if it was a personal injury case you've got medical bills pain and suffering he didn't call you and ask if you will agree to a settlement for a certain amount of money did engage you in the in the Goshi ation remiss in his duties to this board I will stay publicly now that the information that I have communicated to this board will be submitted to the movie Supreme Court office of disciplinary counsel I am no longer confident in the representation provided by Mr kleiber I will very briefly myself first so it's obviously it's been election year I'm thinking or this sort of rhetoric second of all I'm talking about the personal attacks second of all I would feel more comfortable with an attorney that understands that a settlement is not a judgement against you so that being said I am not here to get any political come out of this I'm not here to do anything other than what I've always been here to do which is represent your interest and Advocate your autonomy and I'll get to that later because that's a very important part about why we're here I think I do have a question with the barrel mr. wise okay I get some medicine over to you then thanks well we can we can we have call Andiamos my way there is that pretty much follows item for that the administration provide us with copies with the e&o insurance and let's get together and develop a policy for our approval I have a question well there's a second there's no second to the most I cannot second Cheer Camp second I'll second it motion II by Miss Mitchell public board members hi my name is Tammy Houston and I'm here. Deserve some of the proceedings tonight and I Banks turbo for bringing this to the Public's attention it's the carbon said he represented you you all represent us we voted for you so if that's the case he owes us an answer on why he could give you $1,000 of our money without board approval cuz your the people that we voted to represent us you represent so as you owe us an explanation he owes us an explanation and I'm not getting it tonight Betty's for the 10 years a decade I was the president of the union we have a collective bargaining it discuss things we bring it to the table lawsuits are not the board was always involve Administration was involved to a point but the board have to sign the board makes the decision and again when you make those kind of decisions in the public is not aware of it text me dollars goes out the window and you want to continue defending the things that you guys are doing and our money is being spent like this I was schools are in bad shape. Do we need to do in other aspects but when it comes out litigation part of it and you guys don't know the policies I think I got that thing at home come on now we got to get on board with this because this has to stop now um, I'm just I'm just going to make it brief being a foam elected official Virginia this issue not about mr. L to do it is not about mr. Alta know it's there since about you the board members you not aware of money is being spent when I ran office assessor's office I mean when I was the chief Deputy Henry Horton. I had to give him financial statements every year how does one of money is being spent or whatever and you mean to tell me you don't have a Polish and I'm not I'm not knocking you I'm not knocking about it but it's this is not about the news this is about the fact that our suit was settled and this board did not have any awareness about what was don't want that what this is about I wish Miss Delta new getting millions of dollars I'm not here to condemn him it's the procedure that happened here and no matter what and it's too cloudy to me and see if mr. cloudy representing me but mount Mobilicity was getting a divorce God forbid and you make a settlement with my wife and he represent me and don't tell me about it thank you please thank you very much my name is Larry Schneider precious not going to divorce him at all for 40 years listening listen to the discussion around here and mr. wise you had up that's a good move what's a good morning America that's where we need to be at right now and I think it's a slap in the face to this board or not but not for you not being informed what's going on but a suit that's that's that's just because you will be responsible if we do have another suit up and come back on us somewhere and you got to give me the one that you have to come through for answers we just went through this thing at the Consol we develop a policy the policy misterwives and at the end is working so what do we do looks money and and the and the Frog. Maybe just deal with Elton was $100,000 after they've been a good old boy might have been $200,000 if it was somebody else the capacitor fight back $20,000 to your settlement so you got you got to get out of this when you negotiating things like this and you got need to be involved with that part of it too we got sister now but whatever we do Robin versus I don't care what it is is coming to the concert and we will look at it and and and at meetings and we can determine if I'm there members I miss PlayStation Now and about one lawsuit I would like to know as a taxpayer how many other lawsuits don't you know about how many other settlements don't you know about I did a public records request very recently asking for all lawsuits since 2014 and all settlements that same time frame would like to know if the board is aware of the number of suits that are currently pending the number of suits that have settled in the amounts that they have settled for the public has a right to know that yeah let me hear from the public but it appears said you guys were aware lawsuit was filed but you were not aware that it hadn't settled so whose responsibility is it to inform you of well that's what this if I may sit yes that's what this bad but today I love you guys no one has responsibility of to inform that he was selling in the lawsuit I know you don't have a policy about ordinarily what usually do this well thank the board and itself wasn't aware of the lawsuit so y'all didn't even know whose responsibility is your friend for my and this is going to be the last one hi my name is Annette Houston I think it's just indefensible to have gone through what we have set here and witness the night Elgin who is not here to say anything about but what took place in for his name to be tossed around public like this and for us to find out about all of the shenanigans that went on involved in this case it's just it's just unbelievable that this is taking place and I am asking you all how to please do better we pay taxes we had kids in school in need of that they're in need of so many things I worked in the school system for 42 years I love my job I truly did but this is not a good representation of Education in Administration in st. John the Baptist Parish I wish you all do better in the board's defense and that's why we call the meeting where trying to get to the bottom of it so we can know this won't happen in the future that way as everything that's when we are making settlement it will become before the board and Burleigh like to agree with me she said I'd like to know what other lawsuits were filed would not bored being aware of it but in the past three years so I would you make that part of your men that into your motion to the least we could ever make that a separate weather two different pieces of biscuit motion I'd like to make yourself too thin or should I couldn't wear my shorts to the motion kill his motion when I take back to finish with his no mistakes this was their second on this wise motion clear with the motion is Stacy can you read the motion I'm the motion is to instruct Administration to provide the board with copies of his errors and omissions policy work with the superintendent and legal advisors to develop a policy regarding lost that will bring them the board for approval one final thought if I may because the number of people have mentioned this several years ago when I first came on the board I asked for quarterly update on a lawsuits in the settlements and things like that later on I realized something we're sued a lot every time a kid falls down in the playground we get suit some of them are in defensible because if there's a hole in the playground the kid falls and it's it's our fault to one degree or another and so I can understand a policy that would say that if we pay a settlement of thousand dollars $5,000 then we don't have to agree to that settlement should just be a part of the policy that I'm hoping will develop by the same token at some point we're going to need a notice and so that's what I'm asking these folks to come up with is a clear Define policy that says that if we're being sued I don't know for something a teacher did or if we're being sued or a specific amount of money over that amount whatever it is then we should be noticed and perhaps we should have a say in the decision but we can't legitimately expect they've the the school system vote on every single lawsuit and settlement that comes down the pike about that's that's my opinion contracts to try to do it the Denver win dinner and then we're going to take a vote I appreciate everybody's concern and it's a very legitimate concern I appreciate your pending motion mr. Keller it is one of the problems that I've had as district attorney and serving as the general counsel for the school board every year we get an audit letter that audit letter comes from the auditor's office because of his the office of the district attorney that is supposed to Monitor and watch the exposure to liability of the taxpayers we have been asking for the past two and a half years now going on three years and you will see it explained in detail in my letter of November 3rd 2017 as well as in this communication received for me today the Auditors have been asking and I have been trying to cooperate I can tell you that mr. George mr. Belton as well as was Supply but has refused to provide the District Attorney's office with any summary any order the information with regards to exposure liability of taxpayers dollars in fact again the orders and we use CRI the same orders that the school board uses they again sent a letter and it is also included my letter suspiciously the letter that the school board sent which was supposed to be received by the District Attorney's office because we're supposed to have that information it is supposed to be included in our order it however we have it they have refused to give it to us they have sent a letter to an unknown to a very suspicious address on West West 5th Street in the hopes I guess that we would not get the letter however however cause we as legal advisor to District Attorney's office we represented the council as well mr. Snyder the parish council the parish president mr. VJ Rollo with so-called Butler they all provide all the reports for the District Attorney's audit and it is what the school board should be doing however we have met resistance and Uncle operation by mr. George on mr. Belton and by mistake Liebert and they have refused to give it in fact I provided this board with email Communications when we requested it in 2015 it was the actual audit letter and a waiver that Mr Boulton and mr. George asked me to sign up here in Lee in the previous administration mr. daily used to waive his rights to be on it and transferred over to mr. Clark when they ask mr. Jasmine to sign that waiver I said I would not sign the waiver that it did not work that way but did not relieve me of my statutory Duty I've also provided each and every one of you with the Statue Louise revised statutes 16 colon to with the duties of the district attorney as well as porch see that says if I will fully refuse or I neglect my duty I'm subject to penalties out of an abundance of caution out of an abundance of caution I have tried to work with the administration and try to inform the school board but it is the reason why the district attorney had it is a part of attorneys responsibility to have all the information on the handling management and payment of all claims claims not just lawsuits claims and litigation so that we can protect the people of st. John the Baptist Parish from that kind of exposure and if we continue to get the same claims for the same problems then it is my responsibility to make recommendations to this board to address those problems so that we won't have them anymore we won't be subject to claims and lawsuits so which this is another agenda item but it goes to what mr. Keller has said so I just want this board to know that I have been trying to do my job for the last two and a half years and trying to address this problem thank you call on mr. wise is motion it's holding dr. Keller mr. Jones 11 guys mr. Keller yes sir I'd like to make a motion to get a full report on all settlements made by the st. John Ferry and also in that report for the past three years and also and Report tell us where the money went and where it came from that's not on the agenda gation I'm sorry litigation let's play policy second alright Emotion by mr. Keller II by misterwives Dispatch first we need to vote on motion to waive policy when was roll call yes yes yes yes yes it's a Trish I'm just a girl is an abstention a nasal let's go let's go weather report on has been settled by the st. John Parish School Board and also to tell us where this money was earmarked independent general fund budget feels for approval well we can ask the like a phone number to do it we don't have to order them to the motion fails we can just make a formal request thank you alright I don't know if that's the old wood burl I don't know if I'm sad early termination of legal service con Services contract with the becnel law firm LLC requires action changes in light of everything we've heard and the letter receive on November 3rd I'm requesting that making a motion that we terminate legal service contract with a Becker Law Firm so that weekend which I know I'm late on and which usually go out for proposals in the future Mega motion yes motion by mr. Boro to terminate services is there a second second going once Check N Go in twice motion fails for lack of zakat alright night of numbers item number 6 Sal Barone to direct Attorney Kevin firebird and the becnel law firm to turn over all claims and litigation files to the district attorney's office for safekeeping until New litigation firm is hard I think that Amigos the thing is well may want to adjust it seem like that information can be still turned over to the District Attorney's office because if they're The General Counsel and we have litigation counsel to return is I don't think that we can it should benefit us more so I'm going to make that motion that we still do that and turn an old turn it over all your copies let's get a second first is there a second domestic gross Motion Picture motion please a law firm to a piece of all claims and litigation files to the District Attorney's office motion on the floor by Mr birrell second bye. Keller Public participation being on board members question is bad Denver said that that information needed to be turned over anyway for audit purposes so it needs to be turned over anyway he needs to be turned over right you guys and the district attorney at successful audits last year I did your litigation report and she did whatever it is at her office does with the motion I don't see no problem in having two lawyers working for the parish this year's audit reports and it's pretty much a if everything is on the up-and-up I'm saying it should be no problem it just bit it should be just a matter of them giving the information that they may already have is the clever can we get those are orders reports in an electronic form sent to us or is it not it is the board's audit report however as a district attorney and the letter that I submitted to you the Auditors are asking the district Chinese office to supply that information as I've said to you  larbert as through tradition and custom usurp that power and it was a quest to buy the previous district attorney however I am not waving my duty or my authority to be the general counsel to the st. John the Baptist Parish School Board the only time that I will relinquish that duty is the Quan School Board making that determination but at this current time I am your general counsel and I have to seriously question what is an infant I sent you the information today why what is the problem with being transparent what is the problem with being accountable why can't we know what is the problem what are you keeping why can't we have because of the foul in fact Mystic Liebert under a very strict relationship between litigation counsel and general counsel he knows it very well he is to actually confirm and cancer the general counsel he's been a general counsel himself I don't think that he would like a junior or senior associate doing things or Hailie Mathers his knowledge or approval but for some reason over two and a half years simple request audit information on what claims how much have we paid out for the insurance adjusters how much exposure does the taxpayers of St John the Baptist Parish have with a cord which regards to the payment of clay what are those funds how they're being handled so yes he has prepared he has prepared information for your order report however he will refuse and be defiant and not allow me to have the same information for my audit report so you ask yourselves why and the reason why I am back to where I ask this I'm saying as the Borough president I got it September 20th I asked for that information and I even CCD executive committee and we have them Friday and even when we get that information it would take another lawyer to know what's on Arpin up and what's the correct address something that has been continued steam but the district attorney she keeps talking about transparency but you keep saying you have to do this for the district attorney you have to do that for the district attorney Oaks district attorney Isadore lawyer she works for you you do not work for her as general counsel that has always been I have never opposed that giving her any information I have merely advise you that despite assertions to the contrary she's not entitled to it so we can instruct you to give it to her at all instruct me to give it to her okay my point is is that she has consistently represented to you that you have to do it in the that is absolutely false you do not have to do it because you are an autonomous bored the Attorney General said the Attorney General said it is the opinion of this office at the contracts and resolutions in contract and combination to relieve the district attorney of obligations and representations at to the broad scope of matter is covered by them is a whole they're referring to litigation Mr Boulton literally picked up the phone today and call the auditor and said do you need is it y'all have the same order. The same private auditor it called him up and he says look at the District Attorney's office need a list of our litigation in order to complete her audit and he said no so the question I have is why are you being told otherwise that's the only reason that we've ever it's not resisting it's not resisting and white of order sir and I'll say that you're honest and always taking comments from the or going ahead with the boat this with all due respect to both of you nice folks they they arguing back and forth really doesn't pertain to what we're trying to do here at this point members well don't ask me he's Ville Missouri first of all I want to thank you for the to do this whenever I did the audit for the Assessor's Office audit the auditor required me to get a letter from The District Attorney office stating that I had no pending loss so it is necessary for the she is she is saying what she saying is correct you have to go to I have to go to District all my order was not complete the auditory requires that so I don't know how this board is getting with that because that's part of the law crustacean crustacean roll call Gilbert emotion again ocean by mr. Borough II by dr. Keller to direct Kevin climate in the back now Law firm LLC to turn over all claims and litigation files to the district attorney's office that was a gift card. Michael it's holding yes yes yes yes misterwives the Wallace Mitchell and mr. Burrell item number 7 Miss Dalewood Borough moot point strictly to direct Administration to prepare a request for proposal to solicit responses for the for litigation attorney and or firm requires action mr. Boro right this item was decided last year before this even came up with the contract that we have the contract last bit out in 2008 for the contract that came up this year and we spoke and said that was going to put all contract off of it is not in my privy to come and try to on dictate and pick a firm butt I just want to be on on Fair and just put everything out on the timely manner so that's my motion is do argue because it has not been placed out since 2008 and bull policy I think said that we should be putting out contracts every three years motion by mr. bro the request for administration to request for proposals to solicit responses for a litigation attorney and I missed it is free too reply and the only thing I was going to say is my understanding I heard you say both RFP an RFQ or if you wanted to be an RFQ okay it's written is RFP request for qualifications motion for discussion purposes motion bar mr. bro so I can by misterwives for discussion purpose public participation being done board members misterwives my only question is do you want this done immediately or do you want to wait until the current contract you're currently on a month-to-month contract I told as soon as Administration come up with are you okay I have a question just for my own personal knowledge I'd like to see first of all what are current rate is I see the dollar amount but I'd like to see if we could and it may be missing George you may be able to answer this if we can have Felix someone else to get the current rate of for at least two or three neighboring districts just so we can see when we start looking at rfqs what rate we should be at and if we're getting a good deal or not getting a good deal I'm more sure there will probably be based on contract services and it would have to be billed you have to be billed by hour can anyone answer that how can it be a flat rate the different garments for arm rfqs and rfps because I think that every individual board member has an obligation and has a right to do their own research on this matter so you're free Miss Mitchell to explore in any of you all members to explore what other people are doing in other parishes December 11th differ from moment do you copy of the present contract do we have a copy present I heard Miss Mitchell said she see the numbers I don't have the number V okay 65000 $58 yeah it's in the packet that I submitted to the board number is 58000 annually and we don't pay any any hourly fees the contract I have it says 55 255 mistletoe Avenue Buckhannon 55 annually no hourly fees there is additional cost there things like the desegregation order we pay extra for that a separate that's a separate case not under my general, it's 55 plus items that could she have listed contract to my items in one of the desegregation order so right things to do for the year absolutely go beyond that because you have separate tax collecting attorney do you pay which technically whatever you pay them if you look at mr. balance sheet or maybe maybe more money than that that looks like it's coming to us because if we take two depositions and that's $1,000 that's just put into our regular check is all we clear so mr. George can we get fat atomized no problem any other board members being emotional on the floor by mr. burro II by I forgot whom request for qualification to solicit for litigation attorney and our firm roll call Miss Holden yes back to Keller Sanders sister branch of the Dome koala Sister Christian tomorrow yes thinking of just four point of reference to the board members do know that we are in the month of my contract which means we can bring this up in 2 weeks once we get the information that was requested there's a vote on the floor on the floor numbers 388 maze motion fails item number 9 is Clarence Trish Miss Clarence Trish asking to defer to the next general school board meeting item number 10 for the items of Interest mr. wise I would like mr. mr. wiser as I'm sorry. Together I happened to look at from January 2017 to October 19th or 20th and it is not one item on personal matters that shows will be hard anyone no teachers no administrator no one left us. I'd like to know each meeting if we hardly knew I would like to be sheet or in a minute's the new hire the ones who left us and also any administrative matters and and those are are placed in your file at every board meeting. The next time and item I don't know that we have an agenda item on Troost alright okay thank you everybody would meeting doctor I'm going to ask that you really consider your item because I have my lawyer in attendance and I got to pay him which again till you can't have that vote now because I probably won't put in German gentleman gentleman gentleman he did it and he was laughing just like that right now with it didn't say you want to say yeah to know it was requested it for her until the next general meeting indefinitely got it we can roll back the item number 9 mr. Trish would you like motion to table motion to table by mistress II buy the whole board everybody board motion to table Oracle yes no misterwives Natural Gas and mr. bro like a 657-4784 days fast motion you're watching wpst St John the Baptist Parish Public School television check it out

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