OFFICIAL MINUTES FROM THE BOARD OF TRUSTEES MEETING OF THE
ARKANSAS SCHOOL FOR THE DEAF
ARKANSAS SCHOOL FOR THE BLIND
The Board of Trustees for the Arkansas School for the Deaf and the Arkansas School for the Blind met for their monthly meeting on May 26, 2009.
Present: Pam Hyneman, Chairperson; Beth Gray, Vice-Chairperson; Andrew Tolbert, Secretary; Dr. Doug Watson, Board Member; Henrietta Williams, Board Member; Khayyam Eddings, A.S.B. Parent Representative; Janice Vaughn, A.S.D. Parent Representative; Jim Hill, A.S.B. Superintendent; Dr. Marcella Dalla Rosa, A.S.D. Superintendent; Zania Musteen, Cheri Courtwright, Interpreters; Amanda Abernethy, Office of the Attorney General; Members of the Deaf Community; Members of the Blind Community
Call to Order
Mrs. Hyneman called the meeting to order at 4:00 p.m. The next board meeting was scheduled for June 16 at 4:00 p.m.
09-J-019 Motion to Approve Consent Items
Mrs. Hyneman asked for a motion to approve the Consent Items. Ms. Gray made the motion to approve and Mr. Tolbert seconded. The motion passed unanimously.
Mrs. Hyneman and Mr. Tolbert asked if the calendar was corrected and adopted. Mr. Hill said the snow days were designated and the beginning school date was changed to August 19.
Action Items
Board Governance and Operations
09-D-020 Motion to Approve
Section 1.6 – Meetings and Board Member Voting
Mrs. Hyneman asked for a motion to approve Section 1.6. Ms. Gray made the motion and Dr. Watson seconded the motion.
Mrs. Hyneman: Any discussion?
Mr. Tolbert: Okay, yes.
Mrs. Williams: Yes.
Mrs. Hyneman: Okay, I do too. First of all for me, then I’ll start, we’ll go around. It says on Call for the Notification of Special Meetings or Regular Meetings, it says
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Regular meetings, yet underneath this we have special meetings and regular meetings.
Did y’all notice that? See, it says Call for the Notification of Regular Board of Trustees meetings, and the first one, the second one, the third one all have to do with special meetings and the third one has to do with regular meetings. So I thought we might include call for notification of special meetings and regular board meetings of the trustees.
Mr. Tolbert: So we’re just adding special to the title?
Mrs. Hyneman: So, we’re just adding special to the title. And the other thing that I noticed on Page 9. We’re supposed to, where it says A&B, on the Manual for the Arkansas School Board, it says before convening and executive session, the board announces which of these reasons have prompted it, but without revealing the names of those who are subject of the session. I thought we might want to add that for clarification, right before following an executive session.
Mr. Tolbert: Where are you?
Mrs. Hyneman: On Page 9, this just talks about executive session and right above public attendance of board of trustees meetings, it says ‘following an executive session
Mr. Tolbert: Okay, right.
Mrs. Hyneman: the board of trustees will reconvene in public session, present and vote and action taken in the executive session’. What we did not put in, is how do we start an executive session and you start an executive session by the board announces what reason, like if it’s going to be personnel or whatever and (inaudible). That’s what it said in the Arkansas Handbook and I didn’t know if we wanted to add that or not.
Ms. Williams: Well, we usually announce
Dr. Watson: Back on Page 8?
Mr. Tolbert: That was on Page 8.
Ms. Williams: Yes, we usually announce that we are going into executive session for personnel.
Mr. Tolbert: Personnel
Mrs. Hyneman: But we don’t have to announce what particular reason?
Mr. Tolbert: Yes.
Ms. Williams: Yes, you do.
Mr. Tolbert: You have to announce it is for personnel.
Mrs. Hyneman: Okay.
Mr. Tolbert: And it states that on Page 8.
Ms. Williams: Yes.
Mrs. Hyneman: Oh, it does?
Mrs. Vaughn: Executive session will be permitted only for the purpose of considering employment.
Mrs. Hyneman: Okay you don’t have to say for employment or promotion or demotion. You just say
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Mr. Tolbert: You can say discussion of personnel or personnel issues.
Mrs. Hyneman: I didn’t know that.
Mr. Tolbert: As long as you announce why.
Mrs. Hyneman: Okay, I did not know that. Okay. That’s all I saw on that.
Ms. Williams: I have one. Under #1 on Page 8, it says, under regular meeting, ‘the usual action meeting held monthly during the school year’. We meet all year round. I think it’s, I, clarified in #3, but we need to change that.
Mr. Tolbert: What we will change it to? During the year, the calendar year?
Ms. Williams: I think so, calendar year.
Mrs. Hyneman: Okay.
Dr. Watson: Calendar year
Ms. Williams: The other thing is the Board of Trustees will meet on call of the chairperson or secretary. I think we
Mr. Tolbert: Which one of these
Ms. Williams: That’s right after call for notification of regular board of trustees
Ms. Vaughn: Secretary or any three members of the board.
Mr. Tolbert: So, say it again now. What should we add?
Ms. Williams: We’re going to add secretary.
Mr. Tolbert: On the call of the chairperson or secretary or any three? Okay.
Ms. Williams: Uh huh.
Mrs. Hyneman: Anybody else?
Mrs. Vaughn: I had.. are you through?
Ms. Williams: Under Voting Method, I didn’t know if we needed to clarify #1, about a majority of the board will constitute a quorum. Did we want to say voting members?
Mrs. Hyneman: I think that probably
Ms. Williams: Because we have two that are not voting members.
Mrs. Hyneman: Okay.
Mr. Tolbert: So, I would agree, the majority of the voting members of the board?
Mrs. Vaughn: Where is that?
Ms. Williams: #1 on Page 9, under Voting Methods.
Mrs. Hyneman: A majority of the voting
Mr. Tolbert: members of the board.
Ms. Williams: of the board.
Mrs. Hyneman: Okay.
Ms. Williams: And, #5, umm, we indicated that we can suspend Robert’s Rules of Order by unanimous vote and I wondered why we didn’t use a quorum on that.
Mrs. Hyneman: It’s just one of the things that we (coughing in background), they suggested that from the Arkansas School Board Association. Do you have any reason why they did that? We just left it as it is.
Mr. Tolbert: I didn’t understand the question.
Ms. Williams: On #5, under Voting Methods, it indicates that the rules may be suspended at any meeting by unanimous vote and I was wondering why we didn’t use quorum.
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Mr. Tolbert: Well if there’s a quorum and they are unanimous in all of the people who are here, if we didn’t have but four (coughing in the background) of all of them.
Mrs. Vaughn: Unanimous means 5 people (inaudible).
Ms. Williams: Yes, unanimous would be 5; the quorum would be 3.
Mr. Tolbert: My understanding if that’s all you have here is a quorum and they vote, if you just got three and all of them vote, it would be unanimous of all three. If you can have a meeting with a quorum, then they have to be able to vote.
Mrs. Vaughn: She’s not saying, I don’t think that’s what you’re saying. You’re saying why don’t we just have a quorum. Why do we have to have a unanimous, 100% vote (coughing in background), whether it’s 5 here, 3 here?
Mr. Tolbert: I understand that, but I think it needs to be unanimous of the people who are here. That’s why it’s unanimous vote (inaudible).
Mrs. Hyneman: That all of the people there need to
Mr. Tolbert: That all need to agree, whether you have 5 or you have 3. That’s my understanding.
Ms. Williams: I was just wondering why we are saying all need to agree or if it could not be just a quorum?
Mrs. Hyneman: We’re on Page 9, 1.6.
Ms. Williams: That’s, I mean it’s fine.
Mrs. Hyneman: Janice? Wait a second. Are you through, Henrietta?
Mrs. Williams: Yes.
Mrs. Hyneman: Okay
Mrs. Vaughn: Of course I have the same thing on that secretary. Umm, the only thing, and this is picking at things and it doesn’t really matter, but it says ‘an official legal action needed’. You don’t have to take action at a special meeting or any of these meetings.
Mr. Tolbert: Where are you reading from?
Ms. Williams: Where are you at?
Mrs. Vaughn: On the first, #1, Page 8, 2, ‘an official legal action may be called between regular scheduled regular meetings’. I mean you’re implying that you have to take legal action. We may not take any action. That often happens in executive or special meetings. I, I’m just, it doesn’t bother me terribly but that was one of the things I noticed.
??? : I have that too.
Mrs. Vaughn: You have it too? Yes, because you don’t have to have okay. I’m not being picky; you thought so to (chuckle)?
Mr. Tolbert: So how would it read if
Mrs. Vaughn: Just any, at official, at official meeting called, to take a legal action on both of them. The usual meeting held monthly during the school, #1 and official, of the, meeting called between special regular meetings.
Mrs. Hyneman: Say it again.
Mr. Tolbert: So how would it read if you adjusted it?
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Mrs. Vaughn: The usual meeting, held monthly during the calendar year, #1 right? And special meeting, I don’t know if we even want official in there, and meeting called between scheduled regular meeting
Mrs. Hyneman: Okay just take out official legal.
Mr. Tolbert: Okay, that makes sense.
Mrs. Vaughn: Because we don’t always have
Mrs. Hyneman: Let’s just take out official legal action.
Mrs. Vaughn: Yes.
Mrs. Hyneman: Okay, good idea.
Mrs. Vaughn: Okay, then the second was secretary (inaudible). I had one question about, the only people I thought under the Freedom of Information Act, anybody that requested notice you had to give notice; not just through the newspaper.
Mrs. Hyneman: Where are you now?
Mrs. Vaughn: I’m sorry. The very, under ‘called and notification of regular board of trustees meeting, the last paragraph, it talks about the public who have requested notice of the board meetings will be notified through the state and local news media. I thought you had to notify anybody that has requested an official under Freedom of Information. You have to give them an actual notice, not through the media.
Mrs. Hyneman: How would you know they wanted one?
Mrs. Vaughn: They have written and asked for one.
Mrs. Hyneman: Oh, of
Mr. Tolbert: Yes, yes, if we have, yes. We have that; we do that.
Mrs. Vaughn: What this says ‘they will be notified (inaudible) if they’ve asked for it, they will be notified through the local papers; local and state papers.
Mr. Tolbert: Oh, I see.
Mrs. Vaughn: And that, first of all, you couldn’t do it in two hours and give anybody notice about
Mrs. Hyneman: Two hours it’s going to be hard to give everybody notice anyway, unless they requested it. And if they requested it, they give you phone numbers, addresses, and you have to give them special notice of the meeting, not through the press. So, I would just say ‘will be notified as soon as possible’. Just take out the state and local news media.
Dr. Dalla Rosa: I think the two hours
Mr. Tolbert: No you have to keep the state and local news media in there. You can’t take that out.
Mrs. Vaughn: You can’t take that out. Okay, ‘will be notified through state and local news media and umm
Mrs. Hyneman: Okay, Khayyam, you’re trying to say something, I can tell.
Mr. Eddings: Yes, and I don’t have the copy of the statute in front of me and I don’t profess to have this encyclopedic memory of the law, but I think that this, the way it’s worded, goes above and beyond the language of the statute. I think the statute states that the media who regularly covers our meetings, we’re required to give them two hours
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notice, of a special called meeting. And, you know, my suggestion is if we want to go above and beyond the statute, what’s required in the statute, that’s fine, but if it’s our intent to only comply with the statute, we probably ought to insert language into this policy that mirrors the language in the statute.
Mrs. Vaughn: I was under the impression, though, that is anybody has written and asked for a notice of the meeting, that you have to give them notice as well.
Mr. Eddings: Okay, as long it’s an hour and a half.
(Several voices speaking at once)
Mrs. Vaughn: Maybe we could say ‘will be notified as will the state and local newspapers; will be notified, as will the state and local news media.
Mrs. Hyneman: Okay, add, okay.
Mrs. Vaughn: Take out
Mrs. Hyneman: So after meeting
Mrs. Vaughn: Who have requested noticed
Mr. Tolbert: Right.
Mrs. Vaughn: will be notified as will the state and local news media as soon as possible.
Mrs. Hyneman: Okay. Did you get that Katie? Okay.
Dr. Dalla Rosa: And in no case less than two hours.
Mrs. Vaughn: Yes, in no case less than two hours. Leave that (inaudible). The only thing, and again, it’s kind of, Page 9, A, it says ‘the only person holding the, only the person holding the top administrative position of the public agency, yada, yada, yada, will be allowed in the meeting. I added ‘in addition to the board members, because it sounds like the executive session, I mean I know that is kind of silly, but it didn’t have in there who comes to the meeting. It just talks about only these people can come to the meeting, but it’s for the board. I don’t know
Mrs. Hyneman: I guess that’s probably implied since it is a board meeting.
Mrs. Vaughn: Yes, it implied, but I just… The other thing I had is public attendance.
Mrs. Hyneman: Where’s that?
Mrs. Vaughn: Public Attendance at board meetings, Page 9. I still have a problem with, I think this is the only board that I have been in that you don’t allow public comment, or have a time for public comment, and I think that’s (coughing in background). Have you ever been on a board that hasn’t had public comment? My husband hasn’t. I’ve never been
Mr. Tolbert: We have it. In our school district, we have public comment. For those who chose. We have some parameters.
Mrs. Hyneman: How come y’all have never done that before?
Mr. Tolbert: Oh, I don’t know.
Mrs. Vaughn: Well, we did. We have before.
Ms. Williams: I think they did.
Mrs. Vaughn: We did. It’s just this new board
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Mr. Tolbert: We’ve had it on the agendas, pretty much the last thing on the agenda. But you know they have to sign up prior to when they come. They’re given three minutes and there are certain things they can’t talk about in regard (inaudible) but there is an opportunity.
Mrs. Hyneman: That was never on anything I have ever received. I (inaudible) from the agenda from last time.
Mr. Tolbert: I’m talking about my school where I work.
Mrs. Hyneman: So, should that be under agenda? Would we add that to our agenda?
Mrs. Vaughn: No, it’s Public Attendance and Board of Trustees meetings. It says in the very last sentence ‘members of the public will not be recognized to speak at meetings unless it’s determined by the board members to be beneficial to the issue being discussed’. I think we should have public comment under parameters that we set. That’s very common. I mean I’ve just never seen a board that didn’t do it.
Mrs. Hyneman: Mandy
Mandy Abernethy: I think there are, of course I haven’t (inaudible) other school boards, but (inaudible) other state agencies, not necessarily have that on their agenda and some that do have that on their agenda. I don’t think you’re required by the Freedom of Information Act (inaudible) school.
Mr. Tolbert: You’re not.
Mandy Abernethy: If you think that’s important, then you can set that as a priority.
Mr. Tolbert: Right.
Mrs. Vaughn: I wasn’t saying it is a part of Freedom of Information, I’m just saying it’s just, I think something that, we are a school board and we should let them have public comment.
Mr. Tolbert: If you set the parameters and give them the opportunity, I don’t see (inaudible).
Mrs. Vaughn: Yes, that’s right.
Mrs. Hyneman: Okay, how are we going to amend that?
Mrs. Vaughn: How about, umm, I think we ought to possibly come up with something on that and come back to it, or just add, take out, say can’t speak, any person wishing, any member of the public wishing to be recognized to speak at meetings, umm
Dr. Watson: Take off ‘not be’.
Mrs. Vaughn: Yes, just take off ‘not be, members of the
public will not be recognized. Just take it all out.
Dr. Watson: They will be recognized (inaudible) is determined
Mrs. Vaughn: Will be recognized according to rules (inaudible).
Mrs. Hyneman: Just take off ‘not’.
Mr. Hill: Madam Chair, I do say that the parameters should be put in there because some (inaudible, several board members agreeing) recommend the policy.
Mr. Tolbert: Yes.
Mrs. Vaughn: I think so too. And that’s something I think we’re going to talk about in a minute. Can we come back?
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Ms. Williams: I think we need to
Mrs. Hyneman: Okay. We are going to come back to that in a minute and also when we do our agenda page, we can add that to the agenda too. So this would be, this particular section, we would just table for right now, (Several members speaking, coughing in background) except for this one part right here.
Mr. Tolbert: Right.
Mrs. Vaughn: We can change it to that, but we’re going to add some parameters to it before it comes out in final print. That’s what I would suggest.
Mrs. Hyneman: Okay.
Mrs. Vaughn: That’s all I have.
Mrs. Hyneman: Okay, I think Mandy has some things too. Mandy, what did you find in 1.6?
Mandy Abernethy: That was all. All of the ones that I had marked, Janice (inaudible)
Mr. Tolbert: Legal minds work together.
09-J-021 Motion to Table Approval of Section 1.6
Mrs. Hyneman: Good, that’s it. Okay, so there’s a motion and second on the floor in favor for 1.6 with corrections that will be added later under
Mrs. Vaughn: Corrections that we’ve made already and will be made.
Mr. Tolbert: With the additions.
Mrs. Hyneman: And with the additions that will be made later. Is there clearly stated.
Dr. Watson: Do we need to vote on that motion?
Mr. Tolbert: Why don’t we, since we do, yes, why don’t, we had so many different corrections and I marked mine all up. Could you, if you would, in our next meeting, the corrections in red or blue so we know they are additions to this?
Mrs. Hyneman: Okay. We probably need to vote anyway, don’t we? Vote it out?
Ms. Williams: We’re just going to table it.
Mrs. Vaughn: Somebody needs to do a motion to table it.
Mrs. Hyneman: Okay, do I have a motion to table 1.6 until it comes back with the corrections.
Ms. Williams: So moved.
Mrs. Hyneman: Is there a second?
Ms. Gray: Second
Mrs. Hyneman: All those in favor say aye.
All board members voted in favor.
Mrs. Hyneman: Motion passes.
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09-J-022 Motion to Approve Section 1.7
Powers and Duties of the Board
Mrs. Hyneman: Okay. We need a motion to approve 1.7 of the Board Governance Operation Manual.
Mr. Tolbert: So moved.
Mrs. Hyneman: Is there a second?
Dr. Watson: Second
Mrs. Hyneman: Discussion? Okay, I’ve got one. I’ll start first since I’m in charge. Andrew, I mean Doug, had e-mailed everyone about on #4. It says ‘conducting formal/informal evaluation of superintendent’. Maybe we might do that an annual? That was one the things you suggested in your e-mail.
Ms. Williams: Or we can say at least annual.
Dr. Watson: I think it would be appropriate, yes. Annual.
Ms. Williams: At least annually.
Mrs. Vaughn: You can say it ‘at least annually, annually as deemed necessary and appropriate.
Mrs. Hyneman: (inaudible) at least annual?
Mr. Tolbert: So do we have a document that we you would use?
(Several board members talking at once)
Mr. Hill: We had requested to do that once before and it was dropped. I think we have some initial guidelines that were set up at that time but we might pull it back out and let the board look at them.
Mr. Tolbert: Okay, but those were formal evaluations, not informal. Right?
Mr. Hill: They would have been. We never had it done but it would be, yes.
Mr. Tolbert: What does an informal evaluation look like?
Mrs. Vaughn: I don’t know that there… I mean why have an informal?
Mr. Tolbert: Well, it’s here. That’s why I’m thinking about taking it out. What would it look like we were to do an informal, who would it, and
Mrs. Hyneman: The other thing is, you know, that’s going to be, think about a formal evaluation, that’s pretty complicated when you look at you come to a school evaluation. I mean is that, what about you? Do they come and evaluate you annually?
Mr. Tolbert: Annually, but it’s a formal evaluation. It’s a form and it talks about financial; it talks about leadership; it looks about other kinds of things.
Dr. Watson: That’s what I’d like to see.
Mrs. Hyneman: So we would have the bases of yours?
Mr. Tolbert: You don’t have to use mine. The School Boards Association will have a copy of one you can use, or you can craft one that would fit this situation, but I don’t think it needs to be an informal evaluation. I think it could be formal.
Mrs. Vaughn: I agree.
Ms. Williams: I agree.
Dr. Watson: An annual evaluation?
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Mrs. Vaughn: At least annually. Yes. All state employees have one, so there are tons of evaluations out there.
Mrs. Hyneman: Well, would y’all like for me to gather those up for the next meeting, a couple for us to look at?
Mr. Tolbert: Since we’ve already had them, I think they had one started. Why don’t we use that as a benchmark and then go from there.
Mrs. Hyneman: Okay.
Mr. Hill: Well, we’ll try to get one that the school board has also. I think it’s extremely important, like Andrew just said, in all fairness to the superintendent’s, whether y’all are still on board for 10 years from now, it needs to be show exactly what the board expects.
Mrs. Hyneman: Well, would that be another committee that would get together and work on that?
Mr. Hill: Let us show you what we’ve got and then, I don’t think it will be that complicated.
Mr. Tolbert: I don’t mind giving you a copy of mine since it came from the school board.
Mrs. Hyneman: Okay for the next meeting, we’ll get his copy, I’ll get the state copy and we’ll your copy. That will be three copies and then we can start there. It takes a while to figure it out
Dr. Watson: Circulate that and share it with us?
Mrs. Hyneman: and that will be a start. Okay.
Khayyam Eddings: When was the last time there has been a superintendent’s evaluation?
Mr. Tolbert: Since I have been on the board, there hasn’t been one actually.
Mr. Hill: I don’t ever remember one.
Mr. Tolbert: Not a formal written one.
Dr. Watson: Could everybody kind of speak up when we speak? The interpreters are having some problems following us.
Mr. Tolbert: Okay. Will do.
Ms. Williams: I have one.
Mrs. Hyneman: Wait, I’m not through. Okay then on #7, it says ‘and’ and that’s it, and I cannot find my original copy that it’s in the red and will be changed.
Mrs. Vaughn: That’s probably because it’s referring to #8 with the period. It (inaudible).
Mr. Tolbert: Yes, that’s what it’s referring to (inaudible)
(Several board members speaking at the same time)
Mrs. Hyneman: Do we need to delete that then?
Mr. Tolbert: No, no, no, no, no. If you notice all of them, like 4 going into 5, going into 6, going into 7.
Mrs. Hyneman: (inaudible) rocket scientist over here to do this! And then, that was really my big thing I was bringing to this board, except for #4.
Ms. Williams: Okay, I have one. #3, ‘electing and employing superintendents and giving them the support needed to be able to effectively implement the board’s policies’.
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Um, I think we ought to have a period after electing and employing the superintendent. I think supporting them is handled in another section because to me that can mean anything from A to Z and we don’t want to be caught trying to justify if we decided to fire someone and get caught up in trying to document that we supported in this and that and so on. I think it could be a legal battle.
Mrs. Vaughn: I think it takes away your freedom of, I mean, speech too. If you’ve got a problem, you need to be able to speak up and that could be used to come back to haunt you.
Mrs. Hyneman: So once again, this came from the suggestion
Mr. Tolbert: Let’s go back now. If you read the whole sentence, because it’s talking about not just support of what they do, but support needed to be able to effectively implement the board policies.
Ms. Williams: Okay, then I can agree with that if it’s separated from the electing and employing the superintendent because to me it kind of goes, it’s putting it together, um, and all, and I think it at least needs to be separated.
Dr. Watson: So you want a period followed by another sentence that gives the superintendents the support they need?
Ms. Williams: Um huh.
Dr. Watson: Is that what you’re saying?
Mrs. Hyneman: Okay.
Ms. Williams: Because we don’t want anything to, because it’s my understanding that the superintendents work at the will, at the pleasure of the board and we don’t want anything to
Mrs. Hyneman: But also our responsibility as a board to
Mr. Tolbert: I’m not reading it that way, Henrietta.
Mrs. Hyneman: I don’t either.
Ms. Williams: Well, I am.
Mr. Eddings I don’t think, I don’t think it changes the meaning of the sentence one way or the other.
Mr. Tolbert: No, no. I’m not reading it that way because
Ms. Williams: Well, I’m reading it that way.
Mr. Tolbert: If, we are to set policy and we hire them to enforce the policies, and all this is saying is give them support needed to effectively implement the policies that we have set.
Ms. Williams: Right, right, but you’re connecting it with employing and
Mr. Tolbert: I just don’t see it that way
Ms. Williams: and hiring the superintendent.
Mrs. Hyneman: You’re afraid
Ms. Williams: I’m afraid that it may come back, maybe
??: Mandy can shed light on that.
Mandy Abernethy: I’m not sure (inaudible)
Mrs. Hyneman: I don’t either.
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Mr. Eddings: I just, I just, I mean I would be willing to satisfy your concerns, but I just, I mean if we divide paragraph 3 into two sentences, I mean I don’t, you know. I think we should probably should do it if it satisfies your concern, but I don’t think it will change the meaning of the intent.
Mr. Tolbert: Huh uh.
Ms. Williams: Janice, did you have, you said that you had some concerns.
Mrs. Vaughn: I have quite a few problems with that. My biggest concern was, is that sometimes what you do is not agree, now the thing is because we are trying to implement the board’s policies, that’s one thing and I can see cooperating and supporting that. I just don’t want this to be taken as I agree with Henrietta to the extent that it takes us beyond with, that, that if we don’t cooperate, we’ve done something bad. I mean if we don’t support something that’s being done at the school, as long as it’s only regarding the board’s policies and directives maybe we should add.
Mrs. Hyneman: Well, I read it as, and I think everyone else will agree too, we’re reading it, we’re giving them policies
Mr. Tolbert: Just dealing with policies.
Mrs. Vaughn: As long as we’re just dealing with policies (inaudible).
Mrs. Hyneman: We could interpret anything in any way.
Mrs. Vaughn: That could that mean we have to approve money; that could mean we have to implement some policies; that could mean a lot of different things and, I think that, is that where you’re going with it?
Ms. Williams: Um huh.
Mrs. Hyneman: Well, I think what it stating here, simply, is that we’ve given them policies and we’re going to support them with these policies. Now we can come back and change our policies, but that’s, what we’re doing right now, we’re just saying, we’re electing them, we’re employing them, we’re giving them policies and we’re going to support them. Maybe our policies are hard, you know and we’re going to be behind them (inaudible) giving them these hard policies. You’re looking at it that way, but we’re just supporting them and I agree with everyone else that it’s really not that a big a deal, but whatever y’all want to. I just think much ado
Ms. Williams: Again, I would feel comfortable with that being separated and that’s just my opinion.
Mr. Eddings: And I didn’t say it wasn’t that big a deal, but I think that
Mrs. Hyneman: If a period makes you happy, we can put a period in there.
Ms. Williams: The other question I had
Mrs. Hyneman: Well, let’s go back to this. Andrew
Mr. Tolbert: Well, I have said what I had to say and I don’t want to change that. I (inaudible, noise from the audience) what Henrietta (inaudible, noise from the audience) if y’all wanted the board to change it, that’s fine.
??: Me too.
Mrs. Hyneman: Well, I feel like, what do you think, Doug?
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 12 of 48
Dr. Watson: I read this as saying that we will elect and employ the superintendent and by virtue of doing that we will give them the support needed to be able to carry out policies, the directives that you provide the superintendents. I see it’s a natural tie.
Mr. Tolbert: Right
Mrs. Hyneman: I think we should leave it
Dr. Watson: We have a responsibility too.
Mr. Tolbert: Right.
Ms. Williams: Do we want to add directives as well?
Mr. Tolbert: We could add directives, but policies or directives
Mrs. Hyneman: And then leave it as. We’ll add policies and directives.
Mrs. Vaughn: (Inaudible, noise from the audience) change policy. Y’all can change policies if you don’t like the policy (inaudible).
Mr. Tolbert: And one of the powers of the board is also to be able to dismiss the superintendent.
Mrs. Vaughn: That’s right.
Ms. Williams: That’s why I didn’t want… what I was not wanting is if we do dismiss the superintendent, and that has happened in the past, that we have to, we can say, that person may say well you didn’t support me and then we’re trying to
Mr. Tolbert: No, no, read on though, the support needed to be effectively implement the board’s policies.
Ms. Williams: Okay.
Mr. Tolbert: It goes back to implementing those policies.
Ms. Williams: Okay.
Mr. Tolbert: It goes back to implementing those policies.
Ms. Williams: So if they didn’t implement them then
Mr. Tolbert: The policies or the directives.
Ms. Williams: Okay.
Mr. Tolbert: So, we’re going to add ‘or directives’ and leave as is?
Ms. Williams: Yes, you can.
Mrs. Hyneman: Okay.
Ms. Williams: The other question I had was coming from our last meeting and I think we were supposed to get an AG opinion on whether we employ, maintain the principal. That was brought up from the (inaudible) and I didn’t, I don’t know if
Mrs. Hyneman: I don’t remember it.
Mr. Tolbert: What now?
Mrs. Vaughn: I brought up the statute that says that we maintain the principal, that we hire the principal.
Ms. Williams: There was something and I marked it
Mr. Tolbert: That the board hires the principal?
Mrs. Vaughn: Yes.
Mrs. Hyneman: We did not, did we?
Ms. Williams: And we were to get an AG opinion.
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Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 13 of 48
Mr. Tolbert: The board hires everybody, don’t they? The board hires everybody on the recommendation of the superintendent.
?? Right.
Mrs. Vaughn: We do, but not, I mean there’s something in the statutes that specifically says that we shall maintain and hire a principal.
Mr. Tolbert: Okay, so does that mean this board interviews the principals and decides which one goes where?
Mrs. Vaughn: That’s what we don’t know and we had asked for an opinion last meeting.
Mr. Tolbert: Because I don’t think you want to go there.
Mrs. Hyneman: I don’t remember, I hate to say this, but I don’t remember asking the AG’s opinion on that.
Mandy Abernethy: If y’all asked me for one, I didn’t hear that.
Mrs. Hyneman: I didn’t’ either.
Mr. Tolbert: I don’t think you want to go there as a board.
Mandy Abernethy: (Inaudible).
Mrs. Vaughn: It’s in one, it’s the one that (inaudible) separate ones. It’s that statute.
Mr. Hill: In the original constitutional bill that establishes the school, it says the superintendent will have the authority to hire and fire employees. Now that having been said, I don’t think Marcella or me either one would want to hire someone without the board being on board with them. It’s more or less the fact that you want the board to be in on it to the extent that they want to be would be my interpretation.
Mandy Abernethy: Well, your statute (inaudible) other (inaudible) says the superintendent shall have the power (board members voices in the background) of the school (inaudible) all employees.
Mr. Tolbert: Absolutely.
Mrs. Vaughn: May I say one other thing. It’s 6, um I’m trying to find my statute because I gave it to all…. And it says that and keep in mind (inaudible) Supreme Court has looked at these things and how our first statute is. We have all authorities, not specifically given to her. When it says employees and then another is more specific, the court looks at the specifics, just like they did in the Stevens Case, to say well even though the superintendent hires and fires the employees, they interpreted it to say that doesn’t mean when you do away with the position. That is strictly for the board. That’s what the Arkansas Supreme Court has said. That is strictly a decision for the board in Stevens. When the, um, and when you get rid of a position, the superintendent may physically go do it, but that is a decision of a board.
Mr. Tolbert: All of them are decisions of the board.
?? : All of them are.
Mrs. Vaughn: Well, go ahead
Mr. Eddings: Go ahead. I’m sorry.
Mrs. Vaughn: Well, there is a specific statute and I guess, and I’ve got it. I had it also the last time and I thought we were getting an opinion because I know we asked, I asked for (inaudible).
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Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 14 of 48
Mr. Tolbert: If you would put it in the simplest form in regard to this board and employees are firing of a principal. Are you saying, I guess I’m asking because I’m not clear, that the statute that you can’t find that you are looking for, states very plainly that this board is to interview and hire the principals?
Mrs. Vaughn: No, it says that the board shall, it’s talking about keeping separate superintendent and principals and it says the board shall be responsible for hiring and maintaining separate principals and superintendents.
Mandy Abernethy: 43117
Mrs. Vaughn: Seventeen, yes.
Mr. Tolbert: Okay.
Mandy Abernethy: (inaudible) there should not be one person acting as superintendent and the principal.
Mr. Tolbert: Right, that’s different.
Mrs. Vaughn: But the language of it is what I was asking about.
Mr. Tolbert: No, no, that doesn’t give this board the power to hire the principals, interview and hire the principal. I think it’s talking about two separate positions because in some schools
Mrs. Vaughn: Yes, that’s the purpose of it.
Mr. Tolbert: that’s two separate positions.
Mrs. Vaughn: But it specifically states that in there that the board shall hire and that’s why I asked that questions last time.
Mr. Eddings: Oh, yes, I see your point.
Ms. Williams: What, Khayyam?
Mrs. Vaughn: Yes, shall and maintain and that’s what it says specifically in there.
Mr. Tolbert: I understand that, but what does it actually mean?
Mr. Eddings: A separate superintendent and secondary principal.
Mrs. Vaughn: That’s what we asked for an opinion on it.
Mr. Eddings: See what I read that is the board, the only two employees that the board employees is the superintendent and the secondary principal and (coughing in background) 643104, the superintendent has the power to employ all other employees.
Mrs. Vaughn; That’s how I read it.
Ms. Williams: See I thought I remembered, but I can’t find it in the minutes that we were getting an AG opinion on that.
Mrs. Vaughn: I remember it
Mrs. Hyneman: I read the minutes, but it’s not in the minutes.
Ms. Williams: I read it somewhere but I didn’t mark it.
Mrs. Hyneman: Okay, y’all are going to have to break it down a little bit simpler than that. So this is an opinion from, or what was this?
Mrs. Vaughn: This is a statute.
Ms. Williams: That’s a law.
Mr. Eddings: Statute.
Mrs. Hyneman: An Arkansas Law
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 15 of 48
Mrs. Vaughn: About the Arkansas School for the Deaf and the Arkansas School for the Blind. There are two of them.
Mrs. Hyneman: And so when was this done?
Mrs. Vaughn: Oh, it’s (inaudible). It’s probably the 1930’s or something.
Mr. Hill: This law
Mrs. Vaughn: I know, but they may not be considering them. They may be considering them officers, because the superintendent later talks about officer. I know that’s why.. we need an opinion.
Mrs. Hyneman: Mr. Hill
Mr. Hill I’m almost certain that this bill evolved as a result of an attempt to consolidate the two schools. They wanted to have one superintendent
Mrs. Vaughn: No it was done in 1947. It wasn’t when that last thing happened.
Mr. Hill: I stand corrected.
Mrs. Vaughn; Yea. That’s what kept us from doing it and the board was ignoring the statute when they did that and that’s what the whole controversy was. It came, it was (inaudible) at that time.
Mr. Hill: I stand corrected.
Ms. Williams: Can we get an opinion on that and just table this part until then?
Mrs. Hyneman: That shouldn’t, well
Mr. Tolbert: Is it anywhere here?
Ms. Williams: It’s not here, but I wanted to know if it needed to be added or
Mrs. Hyneman: Oh I see what you are saying that this is the board? Well, I read the minutes. It was not in the minutes, so maybe all that carrying on, she didn’t hear it. I didn’t hear it.
Mrs. Vaughn: There was a lot going on
Ms. Williams: I want to say, I know I found Janice’s e-mail where she stated that she was asking for one.
Mrs. Vaughn: Yes
Ms. Williams: And I thought I read it in the minutes too, but I didn’t mark it and it’s been a while since I read the minutes.
Mrs. Vaughn: There are several duties just for, I gave everybody a copy of the statutes regarding the Deaf and the Blind School. There are a lot of duties in there from renting property to things that we’re supposed to be doing.
Mrs. Hyneman: One of which, even the talk about some of our we’re going through it and Marcella and Mr. Hill are saying this has never been done (inaudible) and it has to do with finances or (inaudible). Actually how we are appointed is a certain deadline and a certain date, that’s not done.
Mrs. Vaughn: Well, yes it is. They’re appointed that way.
Mrs. Hyneman: Well, I talking about, it’s supposed to be voted through the assembly or something we were reading.
Mrs. Vaughn: They do that. They just do it after they get notified, then they do it that… in fact I got letters every time
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Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 16 of 48
Mr. Tolbert: But we’re at the point where we table this and (inaudible) information…
Mrs. Hyneman: We can just add this and always amend next time and add that. You could vote these in every time, every week, every month. I mean every time you want to.
Mrs. Vaughn: Well then why don’t we get the opinion so
Ms. Williams: Well if we are tabling one thing, we might as well table that.
Mrs. Hyneman: Okay. Don’t y’all want to go ahead and go to the next page?
Mrs. Vaughn: Well wait. I haven’t finished. Have you finished?
Ms. Williams: Yes.
Mrs. Vaughn: I’ve got some comments on this and again it comes back to what our Board responsibilities are and the statute is very clear that we shall, that the duties of the superintendent are to, there are different statutes again. Some say the specific, but it says running on a day to day basis. There’s nothing in there, in fact the statutes talk about our administrative duties. You’re taking those away with this paragraph on 1.7. You’re saying we only have legislative and judicial duties. Huh uh. Not according to the statutes. That would be a normal elected school board. That’s not, we’re a creature of statutes. We’re a creature of the Constitution and we have a, our, we shall manage the School for the Blind and the School for the Deaf. Now, the day to day operations are to be done by the superintendent, but you’re basically taking away some of, I see this as taking away our duties in here, and I think we need to get, that’s why I gave all of these statutes to everybody.
Mrs. Hyneman: Let me tell you one, make one comment as the Chair this year and as a Board member last year, I didn’t read anything that Henrietta gave me because I’d get here a couple of days, couple of hours before I’d read all of my information and how many times people didn’t get their e-mails. We can barely do what we’re doing here. You want us to manage part of the school?
Mrs. Vaughn: I’m not telling you that. I’m saying that, that’s what the statutes, and I’m telling you we have a legal obligation and we also took an oath to follow the laws of the State of Arkansas and the Constitution and that is in there. That stuff is in there and we need to be sure and read them. There are selected statutes pulled out in here and I would like, I mean if it means talking to Amanda and let’s sit down and come up with something, but we’re on dangerous ground when we say we’re not going to do what the Constitution or the, and just because we’ve never done it. This, you know
Mrs. Hyneman: Well, we’ve never had a Board Manual either.
Mrs. Vaughn: And we sure don’t want to have one that is violative of the law in here and that is why I did, yes I handed out all of the statutes to everybody and I think we all need to read them. Just like you gave us homework I think we need to do our homework. Y’all need to do your homework too. I did mine.
Mr. Tolbert: Specifically, I guess I’m just trying to understand what the role of the board is that you say the powers are taken away on the first outline. What are you saying because I’m not saying I disagree. I just don’t understand what you are saying.
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Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 17 of 48
Mrs. Vaughn: Okay, what I’m saying is that there’s specific things in there, anything not reserved to the superintendent by statute. That’s the first statute. Anything not reserved specifically to the superintendent is our responsibility. There are things in there like financial reports that have to be made. There are things in there that we have to approve expulsion. There are things in there, there are all sorts of obligations that we have that are in these statutes.
Mr. Tolbert: Well, don’t, don’t, this board, I mean since I’ve been here I don’t think anybody has been up for expulsion but the board is the only one that has the power to expel.
Mrs. Vaughn: Expel. Okay. And, and that is
Mr. Tolbert: Superintendents have the power to suspend.
Mrs. Vaughn; But it also talks about we’re the ones that have the, the chairman is the one that has to rent property. I mean, I mean, rental of property. There are all sorts of statutes in here. In fact, there’s one of them it’s held in the board’s name, some of the property is
Mrs. Hyneman: Let me ask you this, on those statutes, the statutes, have some of those, you had the ones that were blue that we read. Have they been, they were good at a certain time; have they been redone or revoted because they did something
Mrs. Vaughn: I’m talking about the ones that are still there. I wrote them down. Absolutely. I didn’t pull any... a few of them have been changed. We have all sorts of things in there
Ms. Williams: Let me suggest
Mr. Tolbert: I could be reading this wrong, but as I look at this sentence where it says ‘the board shall concern itself primarily with the broad questions of policy’, regardless of what that is, renting stuff, whatever else, ‘policy as it exercises its legislative and judicial duties’. I think that gives us the power to do what we’re supposed to do. The next sentence is ‘the administrative function of the schools are delegated to the superintendent
Mrs. Vaughn: And that’s wrong.
Mr. Tolbert: who shall be responsible for the effective administration and supervision of the school. So
Mrs. Vaughn: There is a statute that says we are, we are charged
Mr. Tolbert: It’s all depending on what you define as administrative functions.
Mrs. Vaughn: That’s day to day operations. If it said day to day operations, I can understand that, but administrative is different and there’s a statute in there specifically talking about doing administrative regulations. We are the administrative board of this school. The board is, and yes we do perform some legislative, I suppose you can say that, but we can’t make legislation so really we are doing it as administrative regulation. We also do judicial by, I suppose if you have a Due Process issue and somebody appeals to us, that would be a judicial issue. But our obligations are very clearly written in the statutes.
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Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 18 of 48
Mr. Tolbert: Understood and I just wonder how we do that as a Board.
Ms. Williams: Let me suggest that maybe Janice and Amanda get together and make sure that whatever statutes need to be, I don’t think everything would need to be in here, that we have included, that it’s worded where it includes all of that. Those things that need to be included.
Mrs. Hyneman: I tell you what. Why don’t you gather that stuff up, pass it over to Amanda, let her look at it and come back with it. If we have more than two, if you can do that, have one person and just let her
Ms. Williams: Or either Khayyam; one of them because we’re getting into some (inaudible)
Mr. Tolbert: Yes.
Mrs. Hyneman: That’s just more than a can of worms that we really don’t want to get into.
Mr. Tolbert; You’re right.
Mrs. Vaughn: (inaudible) one that the principal comes to us once a year on stuff. I mean
Ms. Williams: So Janice is going to get with Amanda
Mrs. Vaughn: I’m going to get the statutes together and get them to you, Amanda.
Mandy Abernethy: I have some issues (inaudible) things you might consider, change the title of your section because by sections (inaudible), I mean there’s powers and duties of the Board. Those are created by statutes 643102 (inaudible). So I think it is appropriate to list some things that you may be, but not limited to some language (inaudible) guidelines about the appropriate activities of the Board, just kind of keep it (inaudible) whether (inaudible)
Mr. Tolbert: Right. I agree with that.
Ms. Williams: Good.
Mrs. Hyneman: Once again, y’all this just guidelines from the Arkansas School Board Association, which most school boards is the basics for that and that’s what we had to start with.
Mrs. Vaughn: But they’re not Constitution creations and statutory little animals and we are. Our school is different.
Dr. Watson: We’re also a State Agency.
Mrs. Vaughn: Um huh. It’s totally different.
Mrs. Hyneman: Okay. So on this, what we are going to do is and I’m going to ask Amanda what you just said, I could not hear. Would you mind just telling me, you’re talking about just changing the name and adding other things on 1.7?
Mandy Abernethy: I said you might consider changing the title of that section. Instead of saying ‘Power and Duties of the Board’ because there’s a statute that says Powers and Duties of the Board, and you don’t want to (inaudible) any school (inaudible) override your own statutory authority
Mrs. Hyneman: So what would you suggest we change this to?
Mrs. Vaughn: Do you want to wait until we get the
Ms. Williams: Well, I think we agreed to table this and let them get together and
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 19 of 48
Mrs. Hyneman: That sounds good to me. So let’s make sure we have this correct, that you’re going to give this information to
Mrs. Vaughn: I think I’ve given her most of it
Mrs. Hyneman: Okay and then Mandy will come back with us with her recommendations that will go under some of the duties of the Board. Everybody agree with that? Okay. Let’s go to 12 and 13. Well, I’m going to tell you what. This was, um, this was the code of ethics they had for the Arkansas School Boards Association and we just included that.
Mrs. Vaughn: Not that first part, #1. I didn’t have any problems. There were a few things that were editorial things like ‘so that I may rend’. It’s render, I think. Roman numeral II, 1 is render. Then, I guess what I’m asking is what is this all medial communication on the basis of fact mean.
Dr. Watson: What number are you on?
Mr. Tolbert: What number?
Mrs. Vaughn: #4.
Mrs. Hyneman: Roman numeral II?
Mrs. Vaughn: Tell me what that means. I can’t figure it out.
Dr. Watson: I guess all public communication. Is that what it means?
Mrs. Vaughn: Is it all media communication?
Mr. Tolbert: It should be media, the l shouldn’t be there.
Mrs. Vaughn: I know. I just couldn’t figure out what the exact… all media communication was must be on the basis.. I, I just don’t quite understand that either. I don’t think you can tell somebody they can’t talk to the press.
Mrs. Hyneman: We can’t legally, I guess speak for the board, speak for yourself.
Mrs. Vaughn: No legal authority to. I guess I didn’t understand all of that at the end and why we needed it in there because we have no legal authority outside the administrative, faculty and staff, State Citizenry period.
Mr. Tolbert: Right
Mrs. Vaughn: I mean why have that in there?
Ms. Williams: Delete the end of it?
Mrs. Vaughn: Yes.
Ms. Williams: Okay.
Mrs. Hyneman: Okay, so make sure Katie could hear what you’re saying.
Katie Hodge: I’ve got it.
Mrs. Hyneman: You got it? Okay. Anything else?
Mrs. Vaughn: Yes, 7 goes back to that same problems because it’s cutting our duties again.
Mrs. Hyneman: Why don’t we just delete #7?
Mrs. Vaughn: Yes.
Mrs. Hyneman: Okay
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 20 of 48
Mrs. Vaughn: Um, 8, that’s a new, I mean to direct questions or concerns about the school to the superintendent, sometimes you can’t do that. Sometimes they come to the Board and sometimes the Board needs to address it with the superintendent, not the superintendent address the problems because there are always situations like the one
we’re having now where they didn’t feel like they’ve gotten an answer, and I don’t see why we are required to address everything to the superintendent.
Mr. Tolbert: I think there ought to be some kind of protocol and once you go to the superintendent, if it’s not adequate, then it comes to us. But I think initially if there is a concern, it’s just like a teacher that has a concern with a principal, (inaudible) just didn’t jump over the principal and go to the superintendent. You go to the principal and if the principal hasn’t solved the problem, then you go to the superintendent. I just think this is saying go to the super.. just like we’re having now. You go to the superintendent, if it’s not resolved, then you come to the board.
Mrs. Vaughn: Well, I’m trying to think of an example of something that would be an issue that would be brought up at board that you haven’t had a chance, something emergency is taking place and you haven’t sent it, I mean you, I don’t know, we just never have, this has never been how the board has done things. I mean I don’t have a problem with going to the superintendent, but I would say if possible, or
Mr. Tolbert: I just think if you don’t have something like that you, you know, you’ll have teachers jumping over principals. You’ll have, I just think it needs to be some kind of order to that.
Mrs. Vaughn: Perhaps that should be an employee’s problem. What is somebody in the community comes to you with, this is talking about ethics, though, and I mean like what if, does this mean that every person that comes to you and you want to address it, just like, I mean I addressed that day, one day for example of what we’re supposed to tell people about (inaudible, coughing in the background) closing. Does that mean I have to go to the board (inaudible)?
Mr. Tolbert: When someone comes to me with something, the first question I ask, ‘have you spoken with
Mrs. Vaughn: You’re talking about employee stuff.
Mr. Tolbert: I’m talking about parents, anybody else that comes. Have you spoken with the teacher, the lowest level first because what happens is you have to be the investigator. You have to go and find out who said what, so have you, if they say have talked to the principal, they’ve talked to the teacher, the talked to the principal, then they talk to me. I always ask that question and I think if someone where to call me as a board member, I always ask have you spoken with the superintendent. No, I’ll listen to you, but you really need to talk to them and if you don’t get the answer then, then maybe call me back and we’ll see if we can deal with it. I’m not saying you don’t deal with it. I just think that they need to go back to the proper authority because if you don’t do that, they’ll never go to the superintendent.
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Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 21 of 48
Mrs. Vaughn: That’s true and you’re talking about employees or teachers, or family
Mr. Tolbert: I’m talking about anybody.
Mrs. Vaughn: or parents.
Mr. Tolbert: I’m talking about anybody.
Dr. Watson: Again, if we stay with the intent here, this is talking about we, as board members, do, so (inaudible) we don’t bypass the superintendent to ask the coach or the teacher or dorm supervisor questions about the school. We go to the superintendent.
Mrs. Vaughn: But, let me just tell you because we have two board members on here that are parent advisers, we get parent’s concerns all of the time and you know sometimes we haven’t talked to Marcella, but bring it up just perhaps at the meeting day, will you please check on this, or do something. I mean, it’s not, I don’t mind doing that. That’s not a problem, but you see my job and Khayyam’s job is so different because we’re here, we are here to represent the parents.
Mr. Tolbert: Understood. You listen and that’s why, you know, refer them back to the superintendent. Then you can get with the superintendent if they haven’t been resolved. I just think you still have to have that process regardless of your role on the board.
Mrs. Vaughn: Okay, alright.
Mrs. Hyneman: Okay? So we have our corrections?
Ms. Williams: But now I don’t take that to mean that everything that is brought up to the board should be first taken, passed by the superintendent, if at all possible
Mr. Tolbert: If you read the whole thing, to direct questions or concerns about what?
Ms. Williams: About the school
Mr. Tolbert: About the school. Now who would know more about the school than the super
Ms. Williams: Well does that mean we do it before the board meeting or can we come to the Board meeting with those questions?
Mrs. Vaughn: Yes, that is what I was trying to say.
Mr. Tolbert: Well, I think if you were sitting in the superintendent’s seat, which way would you want it done?
Ms. Williams: Well, there are sometimes when I think it needs to be fresh and addressed at the board meeting so that, because you know, Marcella and Jim both are intelligent enough to think on their feet and should be able to respond to certain things at the time it is presented.
Mr. Tolbert: But I don’t think in all fairness, professional courtesy to them would not be in open meeting to do that. I would be very upset with my board if they did that in an open meeting and they already had that information. They normally just give me call, look John Doe said this to me, you might want to give him a call.
Mrs. Hyneman: I would just mention too, one of the recurring things and I was just reading back, I actually did my homework and read all of the minutes, was we were talking about, you spoke about it, also Tommy Walker, about micro managing. That was one of the problems they had in the past. And if we start directing, if we started directing those issues before they go through Marcella
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 22 of 48
Mr. Tolbert: Or Jim
Mrs. Hyneman: Or Jim, excuse me, I’m sorry. It’s a common thread here. I apologize. Then you’re missing the whole point. Like you said, it just not appropriate and we don’t want to take over their jobs. It’s not our responsibility to
Ms. Williams: Well, we’re not taking over their jobs. We’re asking questions
Mr. Tolbert: I would say if it’s an emergency issue that
can’t wait, then yes, we all need to know. But if someone calls up about a
complaint that happened over here or something that happened over there, that’s
not an emergency.
Mrs. Vaughn: That is true.
Mr. Tolbert: So let’s be fair.
Ms. Williams: Okay, I just wanted to make sure I understand that.
Mrs. Hyneman: Like you said, just think how you would feel in her situation, his situation, how you would like to be treated (inaudible).
Ms. Williams: Well sometimes my feelings are you don’t give the test before, why give the test ahead of time, you know. (Laughter)
09-J-023 Motion to Table Approval of Section 1.7
Mrs. Hyneman: Okay let’s just say then, we’ve made our corrections on 1.7. We’re going to table it until next time. Is that correct?
Ms. Williams: Yes.
Mrs. Hyneman: Okay, do we need to make a motion to
Ms. Gray: We did on the last one, so I guess we need to make a motion again.
Mrs. Hyneman: Right. Is there anything else Janice?
Mrs. Vaughn: I just realized one other thing on the last of it. Are we on 1, oh that’s on 1.9, I’m sorry.
Dr. Watson: We’re on 1.8.
Mr. Tolbert: We’re on 1.7.
Mrs. Vaughn: 7, okay and 1.8 I think I... that’s it. Nothing
Mrs. Hyneman: Okay, do I hear a motion, would someone move that we would table this with the inclusion we have corrected and come back to it?
Ms. Gray: So moved.
Mrs. Hyneman: Second?
Dr. Watson seconded the motion
Mrs. Vaughn: And then I’m going to get the documents to
Mrs. Hyneman: All those in favor say aye.
All Board members in favor of the motion.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 23 of 48
09-J-024 Motion to Approve Section 1.8
Governance by Policy
Mrs. Hyneman: Do I hear a motion, wait a second. Let me put my notes over here. Would someone please move to approve 1.8 of the Board Governance and Operation Manual?
Ms. Gray: So moved.
Mrs. Hyneman: Is there a second?
Dr. Watson: Second
Mrs. Hyneman: Discussion?
Mrs. Vaughn: There’s just that, you’re inconsistent here. Look at the very last sentence of that. It talks about administrative regulations. The Board shall review administrative regulations prior to implementation. Um, again that comes under, according to the
Statutes, we’re supposed to adopt the, I mean we’re supposed to be ones that come up with the administrative regulations, policies, and I don’t know what this
Mrs. Hyneman: So what’s your question?
Mrs. Vaughn: Well,
Ms. Williams: How would you change that?
Mrs. Vaughn: I’m not exactly sure, but I just say it’s incon, well administrative regulations shall be formulated, but then it talks in the statutes that we are to do the administrative regulations so, and now we’re saying, we’re into name changing of policy versus administrative regulations and what do we, I mean
Ms. Williams: Oh, I see what you’re saying...
Dr. Watson: So we need to loop back on that statutes (inaudible)
Mrs. Vaughn: Yes, we need to loop back on that and just make sure they’re consistent.
Mr. Tolbert: Can you take care of that in your meeting with
Mrs. Vaughn: Yea, yea
Ms. Williams: The other concern that I had on the manual about the superintendent’s versions being if the manuals, if there’s a discrepancy between
Mr. Tolbert: Which paragraph?
Ms. Williams: Um, the third paragraph. Does that, is that Lucy?
Dr. Dalla Rosa: It’s this policy.
Ms. Williams: This policy. Okay, I’m thinking of the school policy.
Mr. Tolbert: No, no. This policy, once we adopt this policy.
Ms. Williams: Okay.
Mrs. Hyneman: Okay, there’s been a.. Anything else? There’s been a motion and a second to approve 1.8. All those in favor, signify, with the corrections.
Mrs. Vaughn: We’ve got to circle back around on that administrative to make sure (inaudible).
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 24 of 48
09-J-025 Motion to Table Section 1.8
Mrs. Hyneman: Table this one too. Would someone make a motion that we table 1.8?
(Dr. Watson made the motion)
Mrs. Hyneman: Second? All those in favor
Katie Hodge: Who made the motion?
Mrs. Hyneman: Doug, I think.
Katie Hodge: And who seconded?
Mr. Tolbert: Henrietta. Didn’t you?
Ms. Williams: I don’t know. I’ll second it.
09-J-026 Motion to Approve Section 1.9
Policy and Formulation
Mrs. Hyneman: Okay would someone please move to approve?
Mr. Tolbert: So moved.
Mrs. Hyneman: Any discussion?
Ms. Gray: Second.
Mrs. Hyneman: I’m sorry. Discussion?
Ms. Williams: Well, the last sentence about it being effective immediately. I don’t know, I don’t really have a real problem with it, but I didn’t know if we wanted to state any kind of date or just whatever. I don’t know, but again I think I was thinking of the school’s policy because they have to be notified and that sort of thing but this is talking about our policy.
Mr. Tolbert: Talking about our policy. That could be immediate. Our policy.
Ms. Williams: Okay, but that’s the only thing.
Mrs. Vaughn: I have one thing. It says ‘policies which are not personnel policies may be recommended by the board for any member’. I would think that the board could recommend them; they don’t have to be adopted, but I mean just like we decided two principals. That’s personnel policy and we made the decision. I mean the board made the decision. So I don’t know why you have in the policies, just take out ‘not personnel policies.
Ms. Williams: Oh, I see what you’re saying.
Mrs. Vaughn: You take them, I mean again we’ve got to look at, see what our obligations are and do we hire the principals, like that’s one of the things she going to get an opinion on.
Ms. Williams: So that kind of has to go back to
Mrs. Vaughn: Um huh. You could just take out ‘which are not personnel policies’ and just say ‘may be recommended by the board’ because the board and recommend any policy.
Mrs. Hyneman: Any comment on that.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 25 of 48
Mr. Tolbert: I’m not following you but that’s fine.
Mrs. Vaughn: Well, also just like we did the manual, the personnel manual. We adopted that.
Mrs. Hyneman: Khayyam, do you have any questions over there?
Mr. Tolbert: I guess the question I have, do we have a personnel policy committee?
Dr. Dalla Rosa: No.
Mr. Tolbert: You don’t have a personnel policy committee for either school?
Dr. Dalla Rosa: We don’t follow that same
Mr. Tolbert: Okay.
Dr. Watson: Personnel policy committee, do you have one?
Dr. Dalla Rosa: And they say
Mr. Tolbert: Do you have PPC that meets?
Mr. Hill: Well, I’m not, I’m sorry
Mr. Tolbert: A personnel policy committee that recommends policy to the board for adoption.
Mr. Hill: No.
Mr. Tolbert: You don’t have that? Okay.
Dr. Dalla Rosa: And I think that’s what that’s referring to. We jus didn’t catch it because in the one that we took out, that’s what we took out.
Mr. Tolbert: Because regular schools do have a personnel policy
Mrs. Vaughn; You can see because it says up here public school and that’s something else I had underlined.
Mrs. Hyneman: Okay, so we’re striking those four words. We’re good with everything else. Is that correct?
Mr. Tolbert: Okay. There’s a motion and second to approve 1.9 Policy and Formulation. All of those in favor
Mr. Tolbert: As amended.
Mrs. Hyneman: As amended. All those in favor, signify by saying aye.
All board members voted in favor of the motion.
Mrs. Hyneman: Motion passes. You got that one correction? Okay.
09-J-027 Motion to Approve Section 1.10
Association Memberships
Mrs. Hyneman: Okay, 1.10. Would someone please move to approve 1.10 of the Board Governance Operation Manual?
Mr. Tolbert: Wait a minute. Before we, any problem?
(Laughter)
Mr. Tolbert: No problem? You’re sure? I move to approve.
Ms. Williams: I think she moved.
Mr. Tolbert: She did? Second, I second then.
Mrs. Hyneman: There’s a motion and a second to approve 1.10.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 26 of 48
Mr. Tolbert: I’m sorry, Beth.
Mrs. Hyneman: All those in favor signify by saying aye.
All Board members voted in favor of the motion.
(Laughter)
Mrs. Hyneman: Okay, would someone please move to approve 1.11 of the Board Governance and Operation Manual.
Ms. Williams: Well, that’s it.
Mr. Tolbert: Can we stop? That was 1 through 10.
Mrs. Hyneman: We just do through 10?
Mr. Tolbert: Yes. You gave the assignment.
Mrs. Hyneman: I really worked hard on this one.
Mr. Tolbert: We haven’t gotten there yet.
Mrs. Vaughn: You don’t want me to go there.
Laughter
Ms. Williams: If it’s going to be anything like tonight, could we break maybe it up a little bit more.
Mr. Tolbert: Maybe do the next three.
Ms. Williams: Yes, do the next three.
Ms. Gray: Would that be 11, 12, and 13?
Ms. Williams: Yes, thank you.
Mrs. Hyneman: Well I suggested last time to do three but no, Khayyam over there said, no let’s do a little bit more.
(Laughter and Board members talking at once)
The Board took a recess at 5:07 p.m. and returned to regular session at 5:15 p.m.
Mrs. Hyneman: Set the date for the next Board meeting for June 16.
Dr. Watson: We’re back to the 16th, where it was?
Mrs. Vaughn: But you’re not going to be able to come?
Ms. Williams: I know Andrew won’t.
Mr. Tolbert: I’m the only one.
Ms. Williams: Oh, I thought Doug
Mrs. Hyneman: I would like to have it when you could come if y’all want to change it.
Mrs. Hyneman: What about that Thursday?
Mr. Tolbert: I think my calendar is full! I think it’s full, let me check.
(Laughter)
Mr. Eddings: I’m not available on the 18th.
Mr. Tolbert: Let’s do it on the 16th. That’s a good day.
Mrs. Hyneman: Okay, we’ll just keep it the 16th. Okay.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 27 of 48
Mrs. Hyneman: Now let’s see. Okay next on the Agenda is Discussion Items which is the Protocol on the Process and Procedure for Addressing Concerns. Now I have typed out a very pathetic first draft, sort of ask them the questions. You should have it in front of y’all, that I was asking myself. Likes type and dates and these are from the first three that we had e-mailed, that I had e-mailed y’all at the get go, that Mandy and I came up with those three beginning points. So this is just going to be the beginning, so let’s start on the first one where we invite individuals to submit their specific concerns or comments of support, or comments of support, and I inserted Dr. Dalla Rosa here, but we can make this a general protocol for anyone or anything, in writing by a certain date. And I would also like to say that they have asked us to speak up. They can hear my voice believe it or not, so y’all be sure and speak up. The first one will be, we will just go over these so we can decided keep it or not keep it or add something to it and these are just things that I was curious about: Announce that no anonymous letters will be considered.
Mrs. Vaughn: I have a problem with that.
Mr. Eddings: I’m not real clear on what we’re doing here. We’re talking about protocol for receiving concerns for the current situation or in general?
Mrs. Hyneman: Right, current situation. Then I thought that we could later on, (inaudible) putting something in our manual, later on maybe adopt something that we use again at a later date is what I was thinking.
Mrs. Vaughn: I thought that we had already told the teachers that they could speak. In fact you told them on TV that they were supposed to be able to speak at this meeting and that was changed. Oh it was on TV.
Mrs. Hyneman: Well, they must have misquoted me, or I must have misunderstood their question.
Mrs. Vaughn: Well, here’s what, I’ve got a problem. These people have been jumping hoops and have now submitted requests two to three times and I thought we had agreed to let them speak and now we’re trying to back it into a corner where they have to give noticed, they have to do this, they have to do that. They followed all of these rules anyway. They’ve written letters. They’ve asked to be on the meeting in plenty of time, and I just don’t see why we don’t follow what we agreed to before. That is you have to give 10 days.
Mrs. Hyneman: Well, the purpose of this the last time we discussed it, and I e-mailed everyone, and I think it’s just a fair and best way to do this, as Chair, and I’ve talked with Mandy and I’ve talked with the Arkansas School Board Association and their suggestions, and this is what they sort of basically suggested how we handle this and that’s why. We can’t really address, so far what we, what I have received as Chair, I received a 5-page anonymous letter and I received no phone calls. I’ve received two e, I’ve received e-mails with a reply to to Lea Fowler. I’ve received two, one of which Mandy replied the first time. The second one I replied to because Mandy was sick, stating that we were having this meeting to come up with, for a time line and a protocol to address their issues, which I forwarded to y’all and I got no response from that.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 28 of 48
Mrs. Vaughn: You can’t get responses because you’re acting outside the Freedom of Information if you get responses. You’re not supposed to be e-mailing us about
Mrs. Hyneman: You responded. You responded. You’re the only one; I’ve never gotten any e-mail
Mrs. Vaughn: I’m not, I’m not a voter though.
Mrs. Hyneman: I’ve only gotten one e-mail that I ever received was Ashley from Doug, (inaudible) to follow this procedure and
Ms. Williams: I don’t know if it’s
Mrs. Hyneman: And that’s why (inaudible).
Mrs. Vaughn: No, I don’t think.. I think the bottom line is you’re not supposed to be just deciding issues, and that’s what my e-mail was. By what authority, who is making these decisions?
Mrs. Hyneman: Well, I didn’t feel like it was my decision to make that we should do that. That’s why I said we need to get together and make the decisions because it’s was not my
Dr. Watson: Today.
Mrs. Hyneman: Today.
Mrs. Vaughn: And what was wrong with the way it was handled the last meeting. I thought it went very well.
Ms. Williams: Yes. I thought we would have a special meeting for them to voice their concerns.
Mrs. Hyneman: That’s we have written down on here. You’ll see we’ll have a special meeting to voice their concerns. We need to have a time line and have, you can go through this and see.. We are going to have
Mr. Tolbert: I think this does address that, that special needs
Ms. Gray: Yes, we need the structure.
Mrs. Hyneman: This is a structure.
Mr. Tolbert: Some parameters for that?
Mrs. Hyneman: Yes, parameters
Dr. Watson: For the benefit of the audience here, could we share, could you go through these points now.
Mrs. Hyneman: That’s what I’m doing right now.
(Several Board members talking at one time)
Mrs. Hyneman: I printed out ten. I’ll say it out loud, too. These are
Mr. Tolbert: Let’s go through these and then if we have issues, we can deal with them.
Mrs. Hyneman: Okay, so the first would be, announce that, this is my just a guideline, like I said, this is a draft for us to work with. Announce that no anonymous letters will be considered will be number one. Do you have a problem with that?
Mrs. Vaughn; Yes because these are employees a lot of time and they are afraid to sign letters. If they’re fact letters I understand. I don’t want just mumblings and rumblings, but
if they are fact letters that we need to discover if there is really a prob, if there’s a problem, then I think that’s different than somebody saying I hate so and so, or I don’t want so and so.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 29 of 48
Mrs. Hyneman: Well also these letters will be coming to the board. They’re not going to be, they’re going to be to us.
Ms. Gray: And if we have an anonymous letter, we don’t know who to call and say, hi we received this letter from you and we really need to discuss this.
Mrs. Vaughn: Well, it, it may be than investigation for example. You need to check into x,y,z. I mean, I just, I mean and the letters I received.. I think we’ve all received signed letters, haven’t we. Yes, we have. Yes. There was a long page of yes. They were all signed.
Ms. Gray: That was actually void because there were several people who signed it twice.
Mrs. Vaughn: That’s not void.
Ms. Gray: I mean, I would
Mrs. Vaughn: That’s not void.
Mrs. Hyneman: Well, that was, are you talking about the letter um
Mrs. Vaughn; No, I’m talking about the letter they sent us. Several of them. There were two teachers’ letters. We got one at the last meeting and one before that, and they were signed.
Mrs. Hyneman: Well, those were the letters, I thought, the letters I received were the ones that spoke, and I thought it was a teacher that spoke and a student that spoke. That’s the only letters I received.
Ms. Gray: And then ones of support.
Dr. Watson: Previously at the gym we got the (inaudible) lot of signatures.
Ms. Williams: After they spoke, they gave us
Mrs. Hyneman: Are you talking about the letter of
Mrs. Vaughn: They requested an audience with the board and um the last one, but there were several letters. I know we got two letters anyway, and yes they were by the ones that spoke, but they asked to speak about specific issues and on, and we tabled part of what they wanted to talk about and they had written letters and signed it, and I mean, I don’t, I just have a problem with if sometime anonymous letters are for a reason. I mean because somebody is afraid
Mrs. Hyneman: If we, this is my opinion and as just as a board member I’m giving you my opinion. If we accept anonymous letters, then that could be anybody about anything and if they’re factual, they can follow it up, then why would they be anonymous?
Mrs. Vaughn: Well, because they’re afraid for their jobs.
Mrs. Hyneman: But they’ve already signed their name of discontent or whatever, no um
Mrs. Vaughn: I think it’s beyond perhaps that point and this specific one that we’ve got, but there might be, I mean it just like the whistleblowers, you can do anonymous throughout the state and we’re a state agency.
Ms. Gray: Whistleblowers too, you can’t legally, like say if I were to send a letter to somebody and I had my name on it, I couldn’t legally be fired because of Whistleblowers. I could not legally be fired.
Mrs. Vaughn: That’s true. I mean that’s the, that’s the
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 30 of 48
Mrs. Hyneman: Which is, I just, I don’t know, I’m
Ms. Gray: (inaudible) legally scared of their job. Legally that
Ms. Williams: Are we only going to accept letters?
Mrs. Hyneman: We’ll go all the way through this and we can come back. Okay? So let me just read through this so everyone can hear it. Okay? And then state the concern; it needs to be of a factual nature, and then where will these letters be sent? We’ll then send them to Katie or to me, is one of my questions. And will the letter be submitted via fax, e-mail or U.S. Mail. Okay, and then we would set a date for the firs and second meeting in advance and then when we got the letters, and this is explained later one, then we would mail all of the letters to the board, and I would like to have them mailed, not e-mailed; that way concrete and get them. Okay? The second thing we would do is hold a meeting of the board to review the written concerns and at the first meeting the board would go over the letters and, as a board, decide which letters we would address because if there is something that’s not appropriate, like he’s not nice to me or whatever. Okay and then how would we review these letters without verbalizing the contents in the meeting is my point? So we’ve got all of these letters, are we going to read them loud? How are we going to handle that?
Mrs. Vaughn: That would have to be a personnel issue. It would have to be in executive session.
Mrs. Hyneman: The other question I had, would we go as far as to select certain parts of the letters and say, okay, like the first one was he’s mean to mean but the second one was on September 3, this happened and this happened. So we don’t want to void that whole letter because it may be a personality complaint or whatever. So would we just say, Okay we will address your letter, but just the second part of your letter. And then present the selected letters to Dr. Dalla Rosa to review and address. And then the second meeting, we would elect for the public to either address their specific concerns out loud, after they submitted their letters and the same format we had previously, or a suggestion was made by the big board, the Arkansas Board Association, that they would go, if they were personnel issues, you would go to executive session with that person, but then Mandy said that’s not something we’re supposed to do.
Mr. Tolbert: No, we’re not supposed to do that.
Mrs. Hyneman: We can’t do that.
Mandy Abernethy: (inaudible) that’s Freedom of Information
Mrs. Hyneman: Right, but I didn’t know if it was a personnel matter like you were saying, and this is what this board member said to bring it in. We can’t do that. My next question was what are the legal aspects of either one of those? Then we could go into executive session then and after, in this particular case it’s Dr. Dalla Rosa, would have the letters that she could address in executive session or, if she wanted to, could do (inaudible) in a public forum. And in the first step we would address the outcome if need be. Now this was just a logical sequence from someone that is not a legal expert or in the school system, but that seemed like a fair way to handle this. So we can go back up to #1 again now that we have heard all of those. Now Khayyam, what’s your, I know you’ve been over there (inaudible). So what did you come up?
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 31 of 48
Mr. Eddings: I didn’t come up with anything actually. I just wanted to put something out there for the board to consider. Could we not do this in the same manner that we treat all other employees? Appoint someone on the board to do the fact gathering, come back and talk to the folks who has concerns, bring those facts back to the board; we discuss them and decide what to do at that point. I think there are two, I mean there are two competing issues here. I mean there are obviously some folks who’ve got some real issues of what’s going on at the Deaf School, but I think there is also a, you know (inaudible) issue which is Dr. Dalla Rosa’s right to privacy. And I haven’t heard that mentioned.
Mrs. Hyneman: Well, that’s why I was trying to do these all quietly without public forum and that was my, but that’s the only way I knew we could do it.
Mr. Tolbert: I think if we want to get at the meat of the problem, what Khayyam has suggested would be a process that would allow us to do that. You can get, your concerns are addressed; they are brought to the board and Dr. Dalla Rosa is given an opportunity to respond to those, as she should have that right and then we go from there. If the main issue is to get publicity, then we can just have everybody to talk and just, but if it’s to get resolution in a professional way, then I think we ought to have the means by which we have our policy to allow them to address it, to address it that way. And I think the last meeting we had was very organized. We had people who spoke and had a compelling evidence to sway my vote and some others on the Board in regard to what they wanted. I think we need to treat this the same way in regard to that issue and move forward.
Mrs. Hyneman: You know but one thing about that public forum, that one was public and like Khayyam is saying, this is, you know,
Mr. Eddings: (inaudible) dealing back then with a personnel issue,
Mrs. Hyneman: Personnel issue.
Mr. Eddings: much more delicate.
Mr. Tolbert: You have to be careful.
Mrs. Vaughn: But you’ve also got a situation where they’ve already gone to the superintendent and now they’re coming to the board with their problems.
Mr. Tolbert: And I think what he’s suggested is let a representative of this board hear that and bring it back to this Board.
Mr. Eddings: I mean the same way we did the personnel issue my very first meeting on the Board.
Mrs. Hyneman: I thought you were talking about the principal versus two principals.
Mr. Tolbert: No, no, no. He’s talking about (inaudible)
Mrs. Hyneman: I’m sorry. I misunderstood.
Mrs. Vaughn: I mean, I think this school is, they have a right and we had told them have a right to speak and as long as it’s in an organized manner.
Mr. Eddings: I think they’ll get a right to speak but they’ll get, and speak to the board, but not in a way that, but in a way that protects, I mean they’ll get the right to speak, but in a way to protect Dr. Dalla Rosa’s privacy at this point. And since there has been no decision made
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 32 of 48
Ms. Williams: So only one of the board members, would we meet or could, because we can’t go into executive session and have them
Mr. Tolbert: That’s correct.
Mr. Eddings: If there is more than one board member, you essentially have a meeting.
??: Right.
Mrs. Hyneman: That’s why at the end I had asked about could we not have the individual come to the whole board. That was my thought.
Mrs. Vaughn: That’s what I think we ought to do.
Mrs. Hyneman: And that was what was suggested about
Mr. Tolbert: Can you do that legally?
Ms. Williams: Can they do it (inaudible).
Mr. Tolbert: Not in executive session, you can.
Mrs. Hyneman: And if we do it any other way, it’s not private and that’s not fair either.
Mrs. Vaughn: But I don’t think
Mr. Eddings: She means.. What was your question again?
Mr. Tolbert: About? Could you do that in executive session? Bring someone in to speak on a personnel issue. I don’t think you can.
Mr. Eddings: Oh no.
Mandy Abernethy: Not in executive session.
Mr. Tolbert: Not in executive session.
Mr. Eddings: And, and that’s why I said that the folks who have concerns address it to a Board member. The board member comes back to the board and we then go into executive session to discuss Dr. Dalla Rosa’s employment. I think that is permissible under the law.
Mrs. Hyneman: Could then I, as a chairman, could I, like I could appoint you?
(Laughter)
Mrs. Hyneman: Khayyam, also number one, you live here and I would like to and Andre.. I think of the most knowledgeable here would be y’all two.
Mr. Tolbert: No, I’ve been in enough.
Ms. Williams: (inaudible) appoint Doug.
Mr. Tolbert: Or Doug, yes.
Mrs. Hyneman: Or Doug
Ms. Gray: I could do it too. I wouldn’t mind.
Mrs. Vaughn: I think it needs to be, I mean the problem is that, I think it needs to be somebody that understands deaf culture and deafness and I think that would be good.
Mrs. Hyneman: Doug, would you be willing to do that? I didn’t want to ask you because I know you’re a little hesitant because of before, but is this something you would be comfortable with?
Ms. Williams: Well, could, um, could someone speak to each, to both of them? I mean that wouldn’t have to meet at the same time.
Mr. Eddings: Certainly.
Ms. Williams: So that way you could meet from
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 33 of 48
Mrs. Hyneman: One meet with you and then in a separate meeting meet with you and then have y’all two come back. Is that what you think?
Ms. Gray: I think that would be a fair
Mrs. Vaughn: Yes, because if you have different opinions o r
Mrs. Hyneman: Khayyam, you’re going to have to step up to the plate.
Ms. Williams: We have someone who understands the deaf community and (inaudible) with what’s going on.
Mrs. Hyneman: That would make as a board member happy if we could have.. What we’re saying, Doug, is, let’s say we have ten people that have issues. Okay and we’d have two rooms and they would go and talk with you and they would go and talk with you. There will be two separate times, two different interpretations because you’d hear from your ears and your point of view, and you will be hearing it from your point of view.
Mr. Eddings: I’d like, I mean if I’m the person, I’d like to do it on separate days. I don’t want to run afoul of the
Ms. Williams: Sounds good.
Mrs. Hyneman: That sounds good to me.
Dr. Watson: And we would bring it back to an executive session?
Ms. Williams: Um huh.
Mrs. Hyneman: That sounds wonderful. So, does this require a motion?
Mr. Tolbert: Yes.
Mrs. Hyneman: Okay.
Mrs. Vaughn: Can we do this right away perhaps?
Mrs. Hyneman: We’ll talk with the time. I’m sure all are anxious too.
Mr. Tolbert: Yes, please. I think in all fairness to the people, we owe them that.
09-J-028 Motion for Two Board Members to Hear Issues of Concerns
Mrs. Hyneman: And I will say this. It’s really hard to give five voting board members here and that’s one reason we’re here this day because we couldn’t get here, and that’s the only reason. Okay, do I hear a motion that we have two board members address on separate days individual issues and then come back to executive session?
Ms. Gray: So moved.
Mr. Tolbert: Second.
Mrs. Hyneman: All those in favor, say aye.
All board members voted in favor of the motion.
Mrs. Hyneman: Okay, now that we are both here, would you check your schedules? So what’s a good day for you, Doug?
Mr. Eddings: Tuesday, June 2 is good for me.
Mrs. Hyneman: Okay, we’ve got Tuesday, June 2 and you could meet
Mr. Eddings: The first thing in the morning, 9 o’clock.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2090
Page 34 of 48
Mrs. Hyneman:
The first thing in the morning, 9 o’clock and where would be a good place?
Mrs. Vaughn: Is that summer school?
Dr. Dalla Rosa: No.
Mrs. Vaughn: No? Okay, that’s okay.
Mr. Tolbert: Deaf School
Mrs. Hyneman: At the Deaf, okay, at the Deaf School, in that table room that we met before? The Board room?
Dr. Watson: The Nuttson?
Dr. Dalla Rosa: The old, our board room?
Mrs. Hyneman: Uh huh.
Dr. Dalla Rosa: Yes.
Mrs. Vaughn: And the teachers will be able to get out of, I mean if they are still working. They’ll be able to get out of class to
Dr. Dalla Rosa: There is no problem that day.
Dr. Watson: Yes, I can make that first week also.
Mrs. Hyneman: The second is on what day?
Mr. Eddings: Tuesday
Dr. Watson: Tuesday?
Mrs. Hyneman: You do the first at 9 o’clock?
Mr. Eddings: June 2nd for me.
Mrs. Hyneman: You’re June 2nd.
Ms. Williams: And Doug is June 1st.
Mrs. Vaughn: No they don’t have to fill out leave forms.
Dr. Watson: Should we use different time blocks so people would have a choice? I don’t know.
Mrs. Hyneman: Would you rather do like at 4 in the afternoon and then you could do, just in case.
Dr. Watson: You said morning for you.
Mr. Tolbert: Maybe the afternoon for you would be bad.
Mrs. Hyneman: And so let’s do Doug at 4 on June 1st and June 2nd at 9 and let me add
Mr. Eddings: I could do it at 4. What ever is best for the teachers. I mean I don’t want to be disruptive.
Mrs. Vaughn: She said they could get out of class without having to fill out leave request taking time off.
Mr. Eddings: I don’t want to pull a teacher out of class, so let me.. They’re not in class?
(Board members talking at once)
Mr. Eddings: Oh, okay.
Mrs. Vaughn: School is over with.
From the audience: Excuse me, what about an interpreter? Who would be responsible for that?
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 35 of 48
Mrs. Hyneman: And that’s another question I’d like to bring up is that Mandy had, I tell you someone actually brought up, probably shouldn’t bring up, you know what, I’m not even going to mention it.
Mr. Tolbert: Okay. Good!
Mrs. Hyneman: So we will need an interpreter. Can that be arranged?
Dr. Dalla Rosa: Uh huh
Mrs. Hyneman: Okay. Now will they need to
(Tape changed)
Mr. Tolbert: As soon as possible. That’s what we’re talking about, next week?
Ms. Gray: Yes, next week I’m
Dr. Watson: We’ll meet first and second?
Mr. Tolbert: I can meet the 3rd afternoon, the 4th
Mrs. Hyneman: Now I won’t be here. Now I’m not big of an entity. I’d rather Andrew be here more than me.
Mr. Tolbert: No everybody needs to be here.
Ms. Williams: Yes, everybody needs to be here.
Mrs. Hyneman: Well, I’m going to be gone from the 3rd to the 9th.
Ms. Gray: How about the afternoon of the (inaudible)?
Mrs. Hyneman: But I’ll tell you what. If you can come in the 9th, I’ll see if I can change my flight.
Mr. Eddings: That’s a good idea. The afternoon
Mrs. Vaughn: That’s a good idea. The afternoon of the 2nd.
Ms. Gray: Yes, how about the afternoon of the (inaudible).
Mr. Tolbert: The afternoon of the 2nd is open. Okay for me.
Mrs. Hyneman: Okay.
Ms. Gray: That’s okay for me.
Mr. Eddings: Do it at 5 o’clock?
(Board members talking at one time)
Mrs. Hyneman: Listen y’all, just a minute.
Mr. Tolbert: I could meet on the 2nd afternoon.
Ms. Gray: Then it would be really fresh.
Mrs. Hyneman: Actually I’m going to be here the 3rd. I’m a little confused.
Mr. Tolbert: You’ll be here the 3rd?
Ms. Gray: Let’s do it the 3rd.
Ms. Williams: Do you want to do it the 3rd?
Mr. Tolbert: It’ll have to be the afternoon of the 3rd.
Ms. Gray: At five? Will five work?
Mr. Tolbert: I’ve got a meeting in Pine Bluff at 11:30 and be done by 1:00 maybe but I don’t want to hang around for four hours before meeting here. I don’t want to go back home and come back.
Mrs. Hyneman: Is this going to our whole board meeting?
Mrs. Vaughn: No.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 36 of 48
Mr. Tolbert: Khayyam, what’s best, what time is best for you?
Mr. Eddings: You talking about the 3rd? I’m easy.
Mrs. Vaughn: I’m easy, the 3rd.
Ms. Gray: I would rather do it in the afternoon.
Mrs. Hyneman: Because she has to get off work.
Ms. Gray: Yes, my boss is really getting on to me because I’ve been taking off work so much for this, so
Mrs. Hyneman: So, 4:30?
??: 4:00.
Mr. Eddings: 5:00?
Mrs. Hyneman: 4:30 or 5:00.
Mr. Tolbert: This is on the 3rd? I’m not
Mrs. Vaughn: He doesn’t want to sit around.
Mr. Tolbert: I have an 11:30 meeting in Pine Bluff. I’ll be done by 1:00. It’s a luncheon and I don’t want to go back home, or drive up here and wait here four hours.
Mrs. Hyneman: Another thing is I’m thinking with executive session, with us hopefully that won’t take that long and you could take off for lunch and I could pick you up on the 3rd.
Ms. Gray: Like what time?
Mrs. Hyneman: Let’s say from 1-2. Can you come during the day?
Mrs. Vaughn: You don’t know if you’ll be through.
Mrs. Hyneman: So what time can you be here?
Mr. Tolbert: 2:00 would be a good time for me on the
Dr. Watson: Take a late lunch?
Mrs. Hyneman: Do you want to see if you can take a late lunch and come at 2?
Mr. Tolbert: The 3rd.
Ms. Gray: I get a 30 minute lunch.
Mr. Tolbert; Now on the 2nd, afternoon, I’m good.
Mrs. Vaughn: Should we change it back to the 2nd?
Ms. Gray: I mean I hate to be difficult, but my boss is like
Mr. Tolbert: That’s understood.
Mr. Eddings: If we’re going to do it on the 2nd, I would have to ask to do it at 5:00.
Ms. Gray: Yes, that would work.
Mr. Tolbert: I could do it at 5:00 on the 2nd.
Mrs. Vaughn: I can too.
Mrs. Hyneman: Okay, now I’m flying back on the 2nd.
Mr. Eddings: I thought you were leaving on the 3rd.
Mrs. Hyneman: I got a week off. Y’all got me so nervous. Let me get my list here.
Mr. Tolbert: When are you leaving?
Mrs. Hyneman: I’ve got my month off. Now wait a minute. So today is the 26th. I’m leaving the 28th. I’m coming back on the 2nd.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
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Mr. Tolbert: What time?
Mrs. Hyneman: I tell you what I can do. I can change my flight and fly into here, Little Rock, instead of Memphis. I’ll just be here and I’m going to charge y’all the bill for the change of flight.
(Laughter)
Mrs. Hyneman: Now I will be here at 5:30.
Mrs. Vaughn: 5:00-5:30, either one is fine with me.
Ms. Gray: Where do we want to do this at the?
Dr. Watson: What day, 2nd?
Ms. Williams: 2nd
Mrs. Hyneman: 5:00.
Mr. Eddings: 5:00 on the 2nd?
Mrs. Hyneman: This is assuming I can get a flight because I’m flying (inaudible).
Mr. Tolbert: 5:00 on the 2nd. Where?
Ms. Gray: Do we want to do it at Parnell or do we want to do it at the board Room?
Mrs. Hyneman: The board room at the Deaf School?
Mrs. Vaughn: They’re probably going to want to be there to hear the results after, so we might want to do it in Parnell Hall.
Ms. Williams: Well, I think the board room is more conducive to us discussing it.
Mr. Tolbert: We’re just going to discuss it there …
Mrs. Hyneman: We’re just going to be discussing it. This is not going to be a meeting. It’s just going to be executive session.
Ms. Williams: We may.
Mrs. Vaughn: We may take action.
Mrs. Hyneman: This is a special
(Several Board members talking at one time)
Mrs. Hyneman: Let’s just meet here because this is a little bigger.
Ms. Williams: Well, Mr. Hill can we meet here then, because it’s dealing with
Mr. Tolbert: We’ll meet here June 2, 2:00.
Mr. Hill: Is that for both schools now?
(Several board members saying ‘no’)
Ms. Williams: Our regular board meeting is still the 16th. Okay.
(Conversation between all board members)
(Audience asking to repeat the meeting dates)
Mrs. Hyneman: It will be June 1, which is on a Monday.
Ms. Gray: June 2
Mrs. Vaughn: No this is the first thing
Mrs. Hyneman: It will be with Doug Watson and it will be from 2-5; on the 2nd it will be with Khayyam Eddings and that will be from 8-11 and we prefer you go to (crying in the background) people.
Ms. Williams: And it will be held at?
Mrs. Hyneman: The board room at the Deaf School, I mean here.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 38 of 48
Mrs. Vaughn: What about on Monday and Tuesday?
Mrs. Hyneman: That’s what I was talking about.
Ms. Williams: Oh, so they’re going to be here too.
Dr. Dalla Rosa: No
Dr. Watson: We’ll have the hearing over at the School for the Deaf and the board meeting here.
Mrs. Vaughn: Hearing will be at the Deaf School board room.
Dr. Watson: And 5:00 on the 3rd or 2nd?
Ms. Williams: 2nd.
Mrs. Hyneman: And let me put this one little clinch in the bucket here
Question through the interpreter from the audience: Clarification. I’m going to back up. You said we had to give letters or can we bring the letters to the meeting?
Mrs. Hyneman: This is not, from what I understand, it’s not necessarily letters
Mrs. Vaughn: You don’t even have to do a letter, but if you have one, you can.
Dr. Watson: I would encourage you to (crying in the background).. I would encourage you.
Question through the interpreter from the audience: Will that be recognized (crying in the background)?
Mrs. Vaughn: It would be helpful to have that because then we can all read them.
Mrs. Hyneman: And there’ll be one little hitch. If for some reason, um, and it may be me being here on the 3rd, you may just have to come for 30 minutes, but I can’t get a flight in because I fly into Memphis, then we may have to change it to the 3rd but when I get to a computer and a laptop I will find that out today and let y’all know when I get back home because I’m leaving Thursday to go and sometimes, if it’s going to cost me $1000, I may reconsider. Okay? I hope y’all understand. (Crying in the background).
Ms. Williams: So, in other words we probably need to reserve the 3rd as well.
Mrs. Hyneman: Right. Let’s reserve as a second option the 3rd at 2:00 and I will let y’all know by tomorrow.
Dr. Watson: The 3rd, what time? Same time, 5?
Mrs. Vaughn: 2.
Dr. Watson: At 2
Ms. Gray: Then I may not be able to be there.
Mrs. Vaughn: That may work.
Mr. Tolbert: For the sake of the, can we go over these dates one last time so everybody will know.
Dr. Watson: Yes, please.
Mrs. Hyneman: Okay for anyone that has any concerns, you will meet on June 1st with Dr. Watson and the time is going to 9-11.
Mrs. Vaughn: No.
Mr. Tolbert: 2-5.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 39 of 48
Mrs. Hyneman: Excuse me, 2-5. I’m going to repeat that again. I’m sorry. On June 1st, on a Monday, from 2-5 and this will be in the board room at the Deaf School; on June 2nd will be with Mr. Eddings from 9-11.
Mrs. Vaughn: 8-11.
Mrs. Hyneman: 8-11, same place and it would be better if you could go to and meet with both people. And right now tentatively, because I’m going to be out of state, I’m going to try fly back, June 2 at 5:30.
Mrs. Vaughn: Is it 5 or 5:30?
Mrs. Hyneman: 5 o’clock here and that may change to the 3rd at 2:00 here and we will give notice when I check my flight schedule.
Question from the audience: Okay now for June 1st and 2nd you will meet with these two people. Are the people signing up to talk with them, or is this open for the public to come in and speak to them?
Mrs. Hyneman: Okay, what, the purpose of that meeting
From the audience: Because it may take three hours.
Mrs. Hyneman: Okay, that’s what I’m saying. The purpose of that meeting would be for you to address your concerns to individual board members and those individuals board members would come back to our board for an executive session.
From the audience: Let me back up. Is it open to the public?
Mrs. Hyneman: No it’s going to be private. One-on-one, one room on one room.
Mrs. Vaughn; We said they can come in a group.
All board members agreed they can come as a group.
Mr. Tolbert: Yes, it is public.
Mrs. Vaughn: Would you remind them again how to call Katie or what to do.
Mrs. Hyneman: Okay, just to know who is coming and, once again we have three hours for each is you can e-mail khodge, I hate giving this out to the world. I’ve already said it once.
??: It’s public information.
Mrs. Hyneman: Okay at asb
From the audience: We’ll be there. Why would we need to e-mail her?
Mrs. Vaughn: That’s what I
Mr. Tolbert: Right, just
Mrs. Hyneman: Forget it. Okay.
Mr. Tolbert: let them show up. You’ve announced the time. Those who want to come will be there. So we don’t need
Mrs. Hyneman: Okay when time’s up, time’s up. Is that good?
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 40 of 48
Discussion Items
Janice Vaughn – A.S.D. Parent Representative
Mrs. Vaughn: Okay and I’ve got a problem and I think there were some e-mails floating around the way it was handled, the way Lonya’s situation was handled. Now I do have permission from them to speak of their names, so I don’t know how this needs to be handled, but I think we need to go into executive session to talk about it.
Mrs. Hyneman: First of all I need to clarify who Lonya is.
Mr. Tolbert: Yes.
Mrs. Vaughn: The assistant principal that was fired the day after our meeting and my understanding was that’s not, and I went back and looked at the meeting, and that’s not what we voted, to do away with that position at that meeting. We did not vote that out and it was done the next day. I have talked to Kay Barnhill who is a very good friend of mine. She has been willing to talk to the Board. I have her cell phone number if anybody wants to talk to her, but the school said that, went to them and said that we had directed them to get rid of that position. That was not what was voted on.
Mrs. Hyneman: We voted on returning to two, I read it again and again, two principals, the way before and it was for two principals.
Mrs. Vaughn: It was not for no assistant though because we decided to table that because there were several talks about whether we needed them and we ended the meeting without making that decision and it was two principals. I mean, her motion was for two principals.
Ms. Williams: Yes.
Dr. Watson: Two principals
Mrs. Vaughn: It wasn’t going (inaudible). It was just going to two principals and that needs to be discussed because we have let go a very good employee and that was not what was voted on.
Mrs. Hyneman: What we voted on actually was the motion, maybe it wasn’t stated out completely, but I’ve got the minutes and what was stated was, we said it two or three times. Do we want to go back to the way it was? The way it was before was the two principals, and so that’s what, I mean that was sort of surprising to me the next day
Ms. Williams: But the motion wasn’t amended or changed or whatever if I remember correctly and then was so much discussion about Marcella is supposed to bring in recommendations and all of this sort of thing.
Mrs. Hyneman: The recommendations, you have to bring the recommendations for the person who had that position.
Mrs. Vaughn: But that’s what I understood. We were going to have her come back with recommendations and instead the next day, she was fired, and that was, I mean, and the motion was to have two principals. There was some talk at that meeting, as you see, that are in the statements that we needed the assistant and the two principals. That was never decided. We asked, y’all asked for Marcella to come back with some recommendations but instead the next day the woman was fired, and we gave up that position, but we don’t
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 41 of 48
have to keep it that way, and the way it came about and, like I said, Kay Barnhill with OPM, is willing to talk to any of us that want to talk to her about, she was a little surprised we gave up that position. You can get rid of any position at the school and get one and we gave up that one and she even said you usually don’t give up filled positions. You give up unfilled positions to get a new one and was absolutely shocked that it was done the way it was, but was told the board told her to get rid of that position and that’s how it came out.
Mr. Tolbert: The board told who to do what?
Mrs. Vaughn: Told, I guess
Mrs. Hyneman: Are you implying that I told them?
Mrs. Vaughn: No. I’m saying that that’s what the personnel director told Kay Barnhill that the Board said to do it. We did not say to go and get rid of that position.
Mrs. Hyneman: Well, I guess for me.. Go ahead, I’m sorry.
Dr. Dalla Rosa: Give some clarification. Okay, we ended up pooling a management project analyst position that was vacant.
Mrs. Vaughn: So you changed it?
Dr. Dalla Rosa: I mean that’s what we gave to OPM.
Mrs. Vaughn: Well why is Lonya fired?
Dr. Dalla Rosa: Her position has been RIFfed because they said they wanted to go back to two principals instead one principal and assistant principal.
Mrs. Vaughn: That’s not what the vote was and that’s not what the motion was.
Ms. Gray: That’s what I understood the vote to be is two principals instead of one principal and one
Mrs. Vaughn: The minutes do not say that. That’s not the motion that was voted on and we were to have recommendations that came back
Ms. Williams: Right.
Mrs. Vaughn: and this has really, really, I think, been done um, and I think we can get a lawsuit out of (inaudible) over this and I wouldn’t be surprised because this was not what the board, I don’t think too many people think that’s what the board said, that you have to go the next day and fire somebody and get rid of their position.
Dr. Dalla Rosa: Well, no her position was RIFfed for August.
Mrs. Vaughn: But we didn’t vote to get rid of that and you have to specifically vote to get rid of the position and that was not done and that’s not what the motion was. The motion was to have two principals.
Ms. Williams: Okay, I moved that we have two principal positions at A.S.D., one for K-8 grade and one for High School and is there a second and Dr. Watson seconded. And there was discussion but I don’t think we went back to really modify or to change the original motion.
Mrs. Vaughn: We asked for recommendations.
Ms. Williams: And I thought we were asking for recommendations and that sort of thing. Again it was one of those
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 42 of 48
Mrs. Hyneman: I knew this was going to happen. Just a minute. Here we go. That was on the 22nd, 27th?
Ms. Gray: 27th, yes.
Mrs. Hyneman: 27th okay. Okay. You know what I’m struggling here. I’ll just pull this out and look at it.
Dr. Watson: Is this a personnel issue we’re talking about or
Mrs. Vaughn: (inaudible) I mean Lonya has said, I think it’s not a problem discussing it, is there? She’s right there, said go ahead.
Mrs. Hyneman: Well, I want to go back to what we discussed in our meeting.
Mrs. Vaughn; Well, it doesn’t matter. It’s what the motion was and is voted on, and she just read what the motion was, and that’s what it was.
Mrs. Hyneman: Because, I mean, and my next question is, this is just for factual, I mean just for curiosity, can the school afford two principals and an assistant principal.
Mrs. Vaughn: They’re giving up an unfilled position for it, and those positions can be, we asked for recommendations on changes on that.
Mrs. Hyneman: But you asked for recommendations, where I was just assuming when I read that, you were asking to come back with recommendations for who that position would be?
Mr. Tolbert: I think Khayyam asked a question about how this was all going to play out, if I recall.
Mr. Eddings: Right.
(Several board members agreeing)
Mr. Tolbert: He asked what are we saying and if you go back to the minutes, it will reflect that.
Mrs. Vaughn: But the motion was to get two principals, and there was never any clear understanding. I, does anybody, I mean did you think that?
Dr. Watson: No, I never thought were giving up an assistant principal.
Ms. Gray: That’s what I thought actually.
Ms. Williams: (inaudible because of clapping in the audience) did you?
Mrs. Hyneman: I was, I was under the impression that we were going to go back to the way, that’s what we kept saying over and over again.
Ms. Gray: Yes that that’s the way it was
Ms. Williams: We were discussing it.
Ms. Gray: Yes that that’s the way it was, the assistant principal and the principal and then go back to two principals and (inaudible). That’s what I understood.
Mrs. Vaughn; Well, we used to have three principals. I mean if you’re going back. Actually, Marcella was the middle school, actually curriculum director and then we had two principals. Used to have four? I mean that decision was not made.. Did you think it was made, Andrew, at that meeting?
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 43 of 48
Mr. Tolbert: I, I really don’t know. When I came on board, we had two principals and we went to one, and I thought the vote was to go back to two principals. I didn’t know anything about the assistant principal; what was going to happen to that position.
?? Me neither.
Mrs. Vaughn: Isn’t that what we were asking recommendations of because I know you talked about it too.
Mr. Eddings: Yes, I thought that since there was some issue with certification with the current principal, we decided to go to two principals that the superintendent would need to bring us a recommendation for two new principals.
??: Right
Mr. Tolbert: And that was the statement he made.
Mrs. Vaughn: But that doesn’t mean fire and do away with the position of the assistant principal and boot someone out of their job and leave them, I mean take their vaca, I mean take their sick days away and boot them out June 1st.
Mrs. Hyneman: Well, the reason and this is just for my clarification
Dr. Watson: I didn’t even know that happened.
Mrs. Vaughn: Yes, it did.
Dr. Watson: I’m in the dark here.
Mrs. Hyneman: Doug, remember when I called everybody to be sure and check their e-mail and that’s when you called C.J. for clarification of what happened. That’s what this is about because she called me said we have got to get this done immediately, so I told everyone to be sure
Mrs. Vaughn: Kay said that wasn’t true either that it didn’t have to be done immediately
Mrs. Hyneman: Well, that’s what I was told that something had to be
Mrs. Vaughn: and she is willing to talk to us.
Mrs. Hyneman: Also, I guess we also have C.J. here. (inaudible)
Mrs. Vaughn: It was Lucy.
Mrs. Hyneman: I mean Lucy, excuse me. So that’s why I called everybody. I said to be sure and check your e-mail because Lucy, who is in charge of hiring
Dr. Dalla Rosa: Personnel
Mrs. Hyneman: Personnel, thank you, said we’ve got to act on something immediately and I said we’ll send out an e-mail.
Mrs. Vaughn: And I said you can’t act on immediately without a board meeting is what I responded back.
Mrs. Hyneman: At that time my clear understanding was that we were going back to two principals, which I thought that meant we would lose the vice-principal so I didn’t see the issue. Because in the meeting, you said that you were going to set the, that the vice-principal wanted to be principal, so I just assumed that she would be one of the two principals is my thought, in the notes you said we’ve got two people that want to be principals right now.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 44 of 48
Mr. Eddings: I didn’t assume that. As a matter of fact, I assumed the exact opposite because that’s why I asked the question, do we need a recommendation for one principal, for one person to occupy the newly created principal position, or do we need a recommendation for two people to occupy two vacant principal positions.
Dr. Dalla Rosa: And Andrew said come back with two.
Mrs. Vaughn: But that didn’t mean that you go to the, no we didn’t vote to boot the assistant principal.
Dr. Watson: That was not in the motion.
Mrs. Vaughn: That was not in the motion.
Mrs. Hyneman: I agree that was not in the motion, but my understand, once again, I don’t know how this works, from what I understood from Lucy is that when you go to two principals, you have to lose somebody.
Mrs. Vaughn: Any position that you want to lose, any position. That’s what Kay Barnhill was shocked about that they specifically, and she said you don’t have to get rid of a filled position. That’s unusual to do it that way. Instead they went for a filled position, got rid of her position and said you’re gone.
Mr. Eddings: Well I think in order to eliminate a position anyway, I mean the board’s got to vote.
Mrs. Vaughn: Vote. We have to and so we still have a position and that is the one, the Stephens Case I gave y’all last time, the Supreme Court has said that we’re the only ones that can eliminate that position. We have to vote on that and we didn’t.
Mrs. Hyneman: So what’s the e-mail that Lucy sent? I just thought that stated that, I don’t know if y’all read that e-mail or not. So that’s what, I was under that impression that that’s what, when you lost this one you had to lose the next high one.
Mrs. Vaughn: No you don’t. You can lose, you could lose, in fact I had a long discussion again if you want to talk to her. She’ll be in a meeting.
Mrs. Hyneman: So what do we do now? What’s the correct thing to do now?
Mrs. Vaughn: To do away, to void the firing of the assistant principal.
Dr. Dalla Rosa: The RIFing of the position. So then you’re saying we will have two principals and an assistant?
Mrs. Vaughn: That’s right until we make a decision who’s going to be. It’s going to stay the same until the end of the year anyway and now what we’ve done is
Dr. Watson: I assumed we’d hire a new principal by fall. That was our intent also. But why eliminate an assistant principal for the high school. That doesn’t make sense.
Mrs. Hyneman: What I was hearing, and this is (inaudible) is well like Beth said, that Andrew, we kept going back to two principals to one and I just assumed that we have a principal and an assistant principal that we’re going back to the two principals.
Dr. Dalla Rosa: Okay, here was the question: Did you have an assistant principal? Andrew Tolbert asked that question. I said no, we did not have an assistant principal before. We had two principals. And then he said, we’re saying go back to two principals.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 45 of 48
Mrs. Vaughn: But that wasn’t what the board voted on and in order to do away with the assistant principal, we left that up in the air because there was some talk about we needed that assistant principal and nobody changed the board meeting. And I would suggest that y’all void it before we get sued.
Dr. Watson: The e-mail that I recall from Lucy implied that we had to give up the assistant principal
Mrs. Vaughn: And that is not true.
Dr. Watson: And I now understand that miscommunication. That was not accurate.
Mrs. Vaughn: That is not accurate.
Mr. Tolbert: If that is not accurate, then let’s keep the position until we decide to (coughing in the background) to eliminate the position.
Ms. Williams: Okay you need to make a motion to that.
09-J-029 Motion to Keep Assistant Principal Position
at the Arkansas School for the Deaf
Mr. Tolbert: In all fairness. We could hash this all night. That was not the intent and we’re struggling with it, I move to keep the position of the assistant principal at the Arkansas School for the Deaf until we decide if, in fact, we need to dissolve it.
Ms. Williams: Second.
Mr. Eddings: I don’t even think we need to do anything.
Several voices saying: we didn’t do anything…
Mr. Tolbert: Well, I think we need to do that because she’s received some notification. Has she not? Since she’s received some notification, I think we have to have that null and void.
Mrs. Vaughn: Let’s declare that null and void.
Mr. Tolbert: That’s what my motion is.
Ms. Williams: Okay, second.
Katie Hodge: You have to say it again.
Mr. Tolbert: I don’t know if I can say it again. (Laughter)
Katie Hodge: Motion to keep the position of the assistant principal
Mrs. Vaughn: And make the firing null and void.
Mrs. Hyneman: And then do we need to (inaudible, clapping in the audience).
Lucy Cockrell: Excuse me.
Mrs. Hyneman: Yes
Lucy Cockrell: I would like to address to let you know that the termination letter to Mrs. Robertson, informing her that her position was eliminated, has been rescinded and I have talked to Mrs. Robertson and informed her that that letter was being rescinded and she was no longer terminated until after the board made a decision.
Mr. Tolbert: Okay, good.
Mrs. Vaughn: Okay, we didn’t know that.
Mr. Tolbert: Did not know that. Thank you.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 46 of 48
Mrs. Hyneman: Thank you.
Lucy Cockrell: You’re welcome.
Mrs. Vaughn: So why didn’t somebody tell us that?
Ms. Williams: So, do we still have a motion on the floor or
Mrs. Vaughn: Yes
Mr. Tolbert: Matter of record.
Interpreter: Doug wants clarification. Could you repeat that?
Dr. Watson: The firing was rescinded?
Lucy Cockrell: Yes, sir.
Mrs. Vaughn: And has the position been held? We’re not giving that position up. That’s off OPM’s desk?
Lucy Cockrell: (inaudible)
Dr. Dalla Rosa: That wasn’t (inaudible) management project.
Mrs. Vaughn: You gave another. You did end up giving a different one? But we still need to vote on this
Ms. Williams: Yes, just to make sure.
Mrs. Vaughn: And you seconded it.
Ms. Williams: I think I seconded it.
Mrs. Hyneman: Okay, all those in favor.
All Board members voted in favor or the motion.
Mrs. Hyneman: Okay, motion passes. Anything else?
?Lonya: Excuse me. I just wanted to clarify. Lucy called me and said that my position, from what I understood, my position I received a letter saying I was RIFfed as of June 1 and she said she was going to rescind that letter and to say that, you know, wait until the Board decides because it was (inaudible). So anyway, basically, I was still under the impression my position was terminated or RIFfed, but needed to wait until you all confirmed because at the last meeting y’all didn’t say June1st, you just said for August the 6th, so that (inaudible). So the plan, from my understanding, was that I would still be RIFfed after August the 6th.
Mrs. Vaughn: No, but right now there is no RIF.
Dr. Watson: No
Mrs. Hyneman: Okay, anything else Janice?
Mrs. Vaughn: No.
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 47 of 48
Khayyam Eddings – A.S.B. Parent Representative
Mr. Eddings said the school has received certificates of approval from the Arkansas Department of Education, the ADE’s academic program, from the Gifted and Talented Program, and also the Infirmary received a certificate of approval.
The 6th grade Graduation at A.S.B. will be Thursday at 1:00 at the Woolly Auditorium.
There being no further business of a Joint nature, the meeting moved to the Agenda for the Arkansas School for the Deaf.
_____________________________________
Pam Hyneman, Chairperson
____________________________________
Andrew Tolbert, Secretary
Board of Trustees Meeting
Arkansas School for the Blind
Arkansas School for the Deaf
May 26, 2009
Page 48 of 48