SCHOOL BOARD OF THE CITY OF
MINUTES OF SCHOOL BOARD SPECIAL MEETING
NOVEMBER 27, 2007
The School Board of the City of
MEMBERS PRESENT:
|
Mr. Daniel D. “Dan” Edwards, Chairman |
|
|
Ms. |
Mr. Dan R. Lowe |
|
Ms. Emma L. “Em” |
Mr. Lyndon S. Remias |
|
Ms. |
Ms. Sandra Smith-Jones |
|
Mr. Edward F. Fissinger, Sr. |
Mr. Michael W. Stewart |
Members
ABSENT: Mr. Todd C. Davidson
Ms. Carolyn D. Weems
The Grievant requested the hearing be held in an open
meeting. Chairman Edwards then reviewed
the rules set forth for the hearing and presented in a letter dated October 29,
2007 to the Grievant, the Grievant’s attorney, and Administration. During the proceedings, the Court Reporter
swore in any person called to testify who had not previously been sworn in.
At the conclusion of opening remarks, presentation of
additional evidence, further testimony, cross-examination and closing remarks
at 7:54 p.m., Vice Chairman Bellitto made a motion, seconded by Ms.
Smith-Jones, that the Board recess into a closed meeting pursuant to exemptions from open meetings
allowed by Section 2.2-3711, Part A, Paragraphs 1 and 7 of the Code of
Virginia, 1950, as amended, for the following purposes:
A. Personnel
Matters: Discussion of or
consideration of interviews of prospective candidates for employment,
assignment, appointment, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees, or
employees, pursuant to Section 2.2-3711, (A) (1); namely: to discuss personnel Grievance # 436-07-13-07.
B. Legal Matters: Consultation with legal counsel and briefings
by staff members or consultants pertaining to actual or probable litigation
where such consultation or briefing in an open meeting would adversely affect
the negotiating or litigating posture of the Board or consultation with legal
counsel employed or retained by the Board regarding specific legal matters
requiring the provision of legal advice by such counsel, pursuant to Section
2.2-3711 (A) (7); namely: to discuss
personnel Grievance # 436-07-13-07.
The motion was approved (ayes 9,
nays 0) and the Board took a brief recess before reconvening in a closed
meeting at 8:03 p.m.
Individuals present for discussion:
Personnel Matters: Board
members with the exception of Mr. Davidson and Ms. Weems who were absent from
the meeting, and Ms. Dianne P. Alexander, Clerk of the Board.
At 8:38 p.m., the
Board opened its doors to announce in public their decision to adopt the Fact
Finding Panel’s September 25, 2007 Findings of Fact and determines to place the
Grievant on probation for one month with no reduction in pay effective November
28, 2007. The Board then asked Ms.
Kamala H. Lannetti, Deputy City Attorney, to enter the closed meeting to assist
in writing up the resolution.
Legal Matters: Board members with the exception of Mr.
Davidson and Ms. Weems who were absent from the meeting, Ms. Kamala H.
Lannetti, Deputy City Attorney, and Ms. Dianne P. Alexander, Clerk of the
Board.
The Board reconvened
in an open meeting at 8:44 p.m.
Certification of Closed Meeting: Vice Chairman Bellitto made a motion,
seconded by Mr. Stewart, that the Board certifies that, to the best of each
member’s knowledge, only public business matters lawfully exempted from open
meeting requirements by Virginia law were discussed; and only such public
business matters as were identified in the motion by which the closed meeting
was convened were heard, discussed, or considered. The motion was approved (ayes 9, nays 0).
Ms. Smith-Jones then made a
motion, seconded by Mr. Lowe, that the Board approve a resolution regarding
Grievance Case No. 436-07-13-07 to adopt the Fact-Finding Panel’s Findings of Fact
and determines to place the Grievant on probation for one month with no
reduction in pay effective November 28, 2007.
The motion was approved (ayes 9, nays 0), and the resolution adopted as
follows:
RESOLUTION REGARDING GRIEVANCE
CASE NO. 436-07-13-07
RESOLVED: That on 11/13/07 the School Board convened to
hold a further hearing but granted a continuance until 11/27/07 at the
Grievant’s request; and
RESOLVED:
That
on 11/27/07, the School Board considered the Findings of Fact and
Recommendation of the Fact Finding Panel, the transcripts of the fact finding
panel hearings, the exhibits and additional evidence and argument made by the
Grievant and the School Administration, based upon such consideration, it is;
RESOLVED: That the School Board
adopts the Fact Finding Panel’s 9/25/07 Findings of Fact; and
RESOLVED: That the School Board determines that the
Grievant be placed on probation for one month with no reduction in pay
effective 11/28/07;
FURTHER
RESOLVED: That the Clerk is directed
to send a copy of this Resolution to the Grievant, the Principal of Lynnhaven
Middle School, the City Attorney, the Compliance Specialist and the Assistant
Superintendent of Human Resources, who is directed to place a copy of this
resolution, the Fact Finding Panel’s Findings of Fact and Recommendation,
transcripts and exhibits in the Grievant’s personnel file.
Respectfully submitted,
Approved: