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Manatee County School District


School Board of Manatee County
215 Manatee Avenue West
Bradenton, FL
www.manatee.k12.fl.us

Special Meeting - 4:00 p.m.

November 8, 2006 - Special Meeting


ATTENDANCE (4:00 p.m.)
1. Attendance
Minutes: 

Board members present: Harry G. Kinnan, Vice-Chairman; Barbara A. Harvey,  Walter E. Miller, and Larry Simmons.  Also present:  Dr. Roger Dearing, Superintendent; John Bowen, School Board Attorney; and Rob Shapiro, Staff Attorney.

Not present:  Frank Brunner, Chairman.


CALL TO ORDER (4:00 p.m.)
2. Call to Order
Minutes: 

Acting Chairman Kinnan called the hearing to order at 4:03 p.m.


SPECIAL MEETING (4:02 p.m.)
3. Approval to Suspend Eva M. Presley Without Pay for Ten (10) Days
Attachment: Petitioners request for hearing.pdf
Minutes: 

John Bowen, School Board Attorney explained the proceedings of an evidentiary hearing.  He asked that the attorneys make an appearance, as follows:

Rob Shapiro, Staff Attorney, on behalf of the Superintendent.  Melissa Mihok on behalf of Ms. Presley.

In his opening statement, Mr. Shapiro noted that there is a typographical error in the Affidavit of Service, which appears in Tab 5 of  Superintendent's Composite Exhibit 1.  This document references a "Charging Letter for Termination of Employment."  This should actually read, "Charging Letter for Suspension Without Pay."

Acting Chairman Kinnan called for a recess at 5:53 p.m., and reconvened the Special Meeting at 6:15 p.m.

Superintendent's Composite Exhibit #1 was admitted into evidence.

Superintendent's Exhibit #2 was admitted into evidence.

Petitioner's Composite Exhibit #1 was admitted into evidence.

Witnesses testified on behalf of both parties.

Prior to the votes on this matter, Mr. Shapiro noted a correction to be made on the agenda item, changing the date from Tuesday, April 4, 2006, to Tuesday, April 5, 2006.

Following the votes on this matter, Mr. Bowen advised the attorneys and the Board on the next steps that will bring this matter to final conclusion.

Mr. Shapiro was requested to prepare a proposed Final Order in accordance with School Board policy.

Note:  Due to a technology error, the motions do not show in the order they were taken; however, they have been numbered for clarification.



Motions:
Motion #3: Motion and approval of the conclusion of law contained in the Superintendent’s agenda item, that Presley has violated Rule 6B-1.006 (5)(a), F.A.C., which provides that the individual shall maintain honesty in all professional dealings.- PASS
 
Vote Results
Motion: Walter Miller
Second: Barbara Harvey
Barbara Harvey- Aye
Harry Kinnan- Aye
Walter Miller- Aye
Larry Simmons- Aye



Motions:
Motion #4: Motion and approval to suspend Eva M. Presley without pay for five (5) days, assessed one (1) day per month for the next five (5) months, which day during the month will be determined by her supervisor.- PASS
 
Vote Results
Motion: Larry Simmons
Second: Barbara Harvey
Barbara Harvey- Aye
Harry Kinnan- Aye
Walter Miller- Nay
Larry Simmons- Aye



Motions:
Motion # 1: Motion and approval of the findings of fact contained in the Superintendent’s agenda item, that Presley wrongfully took Thomas’ keys under circumstances which resulted in severe hardship to Thomas, thus constituting just cause under Section 6.11.- PASS
 
Vote Results
Motion: Larry Simmons
Second: Walter Miller
Barbara Harvey- Aye
Harry Kinnan- Aye
Walter Miller- Aye
Larry Simmons- Aye



Motions:
Motion #2: Motion and approval of the conclusion of law contained in the Superintendent’s agenda item, that Presley has engaged in misconduct in office as defined in Rule 6B-4.009(3), F.A.C.- PASS
 
Vote Results
Motion: Walter Miller
Second: Larry Simmons
Barbara Harvey- Aye
Harry Kinnan- Aye
Walter Miller- Aye
Larry Simmons- Aye


ADJOURNMENT (8:00 p.m.)
4. Adjournment
Minutes: 

There being no further business to come before the Board, Acting Chairman Kinnan adjourned the hearing at 8:13 p.m.

 

_____________________________           _______________________

Roger Dearing, Ex Officio Secretary           Harry G. Kinnan,

and Superintendent of Schools                  Acting Chairman





NOTICE
Any person who desires to appeal any decision made by the School Board with respect to any matter considered at the above-mentioned meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which an appeal may be based. School Board meetings are held in accessible locations. Auxiliary aids will be provided, upon written request received at least 48 hours prior to the meeting, to participants with disabilities.