PROCEEDINGS OF THE ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
LAPLACE, LA – MEETING OF NOVEMBER 9, 2017
The Chair called the meeting to order and read the following call:
HONORABLE MEMBERS OF THE SCHOOL BOARD
Parish of St. John the Baptist
Dear Board Member:
Upon call of the President, the St. John the Baptist Parish School Board will meet in Special Session at Godchaux Grammar Cafeteria, 1600 Highway 44, Reserve, Louisiana, at 6:00 p.m. on Thursday, November 9, 2017.
Sincerely, s/Kevin R. George
Superintendent/Secretary
ITEM 1. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
The Chair called the meeting to order at 6:00 p.m.
The Chair called a moment of silent meditation, followed by the Pledge of Allegiance, led by Charo Holden.
ITEM 2. ROLL CALL OF MEMBERS:
PRESENT: Holden, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Mitchell, Triche, Burl
ABSENT: Jones
There were 10 members present and 1 member absent.
ITEM 3. Mr. Albert A. Burl, III – Executive Session: Receive full disclosure and a full report on the lawsuit, Elton Oubre, Jr, v. St. John the Baptist Parish School Board, et al, including but not limited to insurance policies, payment contracts, liability documents relative to the settlement of this case.
MOTION BY: Keller
SECOND BY: Sanders
MOTION: To convene in Executive Session.
Mr. Keith Green, Jr. with the St. John Parish District Attorney’s Office, stated that it would be illegal and improper for the Board to convene in Executive Session because this item does not meet the parameters of the Executive Session law. He stated that this case has been dismissed and it is no longer considered “pending litigation.”
Mr. Kevin Klibert, with Becnel Law Firm, stated that only an “oral agreement” had been reached between the two parties, and that agreement had been read into the court, but this case is technically still “pending” and it would be within the law to convene in Executive Session at this time.
Mr. Jones arrived at 6:12 p.m. and was recorded as present.
Extensive discussion was held regarding this item.
Dr. Keller withdrew his motion to convene in executive session.
ITEM 4. Mr. Albert A. Burl, III - Instruct the administration to provide the board with copies of its errors and omissions policy and any board policies granting the Superintendent and the Board Attorney the enter into an agreement/settlement and or litigation without Board approval.
Several audience members spoke on this item: Tammy Houston, Carolyn Batiste, Whitney Joseph Jr., Larry Snyder, Nghana Lewis, Lisa Wilder, and Annette Houston.
MOTION BY: Wise
SECOND BY: Mitchell
MOTION: To instruct administration to provide the board with copies of its errors and omissions policy and to direct the Superintendent to work with the board’s legal advisors to develop a policy regarding lawsuits and settlements and bring the policy to the board for approval.
No objections.
Upon roll call, there were
11 Yeas – Holden, Keller, Sanders, DeFrancesch, Jones, Johnson, Wise, Wallace, Mitchell, Triche, Burl
0 Absent
The motion carried.
MOTION BY: Keller
SECOND BY: Wise
MOTION: To waive policy to make a formal request.
No objections.
Upon roll call, there were
10 Yeas – Holden, Keller, Sanders, DeFrancesch, Jones, Johnson, Wise, Wallace, Mitchell, Burl
1 Nay – Triche
0 Absent
The motion failed. (Must be unanimous.)
Dr. Keller made a formal request that the Superintendent provide the Board with a full report on all settlements made for St. John the Baptist Parish School Board, along with the funding source of each settlement.
Board President Albert Burl handed the Chair to Vice President Patrick Sanders.
ITEM 5. Mr. Albert A. Burl, III - Termination of Legal Services Contract with the Becnel Law Firm, LLC.
MOTION BY: Burl
SECOND BY:
MOTION: To terminate Legal Services Contract with the Becnel Law Firm, LLC
No objections.
This motion failed due to the lack of a second.
ITEM 6. Mr. Albert A. Burl, III - Direct Kevin Klibert and the Becnel Law Firm, LLC to turn over ALL claims and litigation files to the District Attorney’s Office for safe keeping until a new litigation firm is hired.
Ms. Mitchell requested that the most recent audit reports be sent to all Board Members electronically.
MOTION BY: Burl
SECOND BY: Keller
MOTION: To direct Kevin Klibert and the Becnel Law Firm, LLC to give copies of all claims and litigation files to the District Attorney’s Office.
No objections.
Upon roll call, there were
10 Yeas – Holden, Keller, Sanders, DeFrancesch, Jones, Johnson, Wise, Wallace, Mitchell, Burl
1 Nay – Triche
0 Absent
The motion carried.
ITEM 7. Mr. Albert A. Burl, III - Direct Kevin Klibert and the Becnel Law Firm, LLC to prepare and submit to the District Attorney's Office a Motion to Substitute Counsel for all currently active and pending law suits.
No action was taken on this item. Item considered moot due to outcome of Item 5.
ITEM 8. Mr. Albert A. Burl, III - Direct administration to prepare a Request for Proposals to solicit responses for a litigation attorney and/or firm.
Ms. Mitchell requested that a list of payments to Becnel Law Firm be forwarded to all board members, not including payments in connection with the Department of Justice desegregation report.
MOTION BY: Burl
SECOND BY: Wise
MOTION: To direct administration to prepare a Request for Qualifications to solicit responses for a litigation attorney and/or firm.
No objections.
Upon roll call, there were
3 Yeas – Holden, Wise, Burl
8 Nay – Keller, Sanders, DeFrancesch, Jones, Johnson, Wallace, Mitchell, Triche
0 Absent
The motion failed.
ITEM 9. Mr. Clarence Triche - Consider and take action regarding removal of Albert “Ali” Burl, III as President of the St. John the Baptist Parish School Board.
MOTION BY: Triche
SECOND BY: DeFrancesch
MOTION: To table.
No objections.
Upon roll call, there were
7 Yeas – Holden, Sanders, DeFrancesch, Wise, Wallace, Mitchell, Triche,
4 Nay – Keller, Jones, Johnson, Burl
0 Absent
The motion carried.
ITEM 10. Board Items of Interest
ITEM 11. ADJOURNMENT - The agenda having been completed, and there being no further business, there was a
MOTION BY: DeFrancesch
SECOND BY: Wise
MOTION: Motion for adjournment.
There were no objections.
The meeting adjourned at 7:29 p.m.
________________________________ ________________________________
Kevin R. George, Secretary Albert A. Burl, III, President