The
Board of Directors of the Little Rock School District held a special meeting in
conjunction with the regularly scheduled agenda meeting on Thursday, December
8, 2004, in the Boardroom of the Administration Building, 810 West Markham
Street, Little Rock, Arkansas.
President Larry Berkley presided.
MEMBERS
PRESENT:
Larry Berkley
Micheal Daugherty
Katherine Mitchell
Bryan Day
Baker Kurrus
Tony Rose
Sue Strickland
MEMBERS
ABSENT:
None
ALSO
PRESENT:
Roy G. Brooks,
Superintendent of Schools
Beverly Griffin, Recorder of Minutes
I. CALL TO ORDER / ROLL CALL
Mr. Berkley
called the meeting to order at 5:20 p.m. and stipulated a quorum without roll
call.
II. PURPOSE
OF THE MEETING
The agenda for the special meeting listed two
items for the Board’s review and consideration.
A.
Update: Report on Schools with Low Enrollment
Mitchell and Fair Park Elementary Schools
B.
Employee Hearings
III. ACTION
AGENDA
A. Update: Report on Schools
with Low Enrollment
Mitchell and Fair Park Elementary
Schools
Mark Milhollen presented the findings from The Big Picture – Report on Schools with Low Enrollment. This report recommends closing Mitchell and Fair Park Elementary Schools due to age, the costs associated with extensive renovations required to maintain the schools, and declining enrollment.
Mr. Milhollen reviewed the detailed findings of the report and a copy of The Big Picture will be made a part of these minutes.
In the case of Mitchell School closing, the administration is recommending realignment of the attendance zones to place students at Stephens, King, and Washington Elementary Schools. The Board and administration would work with the community to determine a positive alternate use for this building.
Students currently assigned to Fair Park would be reassigned to Pulaski Heights, Brady and Franklin Elementary Schools. The Fair Park facility would be reconfigured to serve as a pre-kindergarten center for the District.
Dr. Mitchell objected to the closures, calling attention to the Board’s policy, which specifies a twelve month notice to the community prior to consideration of closure. She stated that the Board had supported the renovations of the buildings during the 2000 millage election and she felt that the Board was not being fair to the community.
Mr. Day and Mr. Berkley spoke in favor of the closings, saying that the District could not afford to continue spending money to operate schools that are not viable educational facilities; the Board has an overriding burden to do what is wise financially for the entire District.
Mrs. Strickland also spoke in favor of the closings; saying that the Board had never made any promises to prevent them from closing schools and that tough decisions had to be made in the best interest of the entire District.
Each member of the Board who spoke in favor of closing Mitchell, also supported the recommendation to work with the community to find another use for the building. It is hoped that a community use partnership can be established to make this a positive place for the community.
The Board received the report, but
took no formal action. Mr. Day asked
Dr. Brooks to place the closing of Mitchell and the reconfiguration of Fair
Park on the action agenda for the regular December meeting of the Board.
B.
Employee
Hearings
The Board went into a closed session to conduct
employee hearings. Two employees, Gary
Whitfield and Jon Hackney, shared similar grievances and were granted a joint
hearing at the request of their attorney, Mr. Mark Burnett. Attorney Khyaam Eddings represented the
District.
Mr. Whitfield and Mr. Hackney were employees of the
Facilities Services Department. They
were accused of filing false claims for workers compensation benefits. They each reported having serious upper
respiratory infections and difficulty breathing due to inhalation of and
exposure to dust. In particular, they
stated that there were unsafe conditions at the Facilities Services warehouse
and that another employee had used an air hose to blow dust on a day when
employees were cleaning the shop area.
These employees reported unsafe working conditions
to the Occupational Health and Safety Administration Office. An investigation was conducted by the
Department of Labor, and no violations or safety hazards were determined to
exist.
Mr. Christopher Huckabay, a claims investigator for
the Arkansas Municipal League, served as a witness on behalf of the
District. He reported that in his
investigation he could not find anyone who witnessed the particular incident
Mr. Whitfield and Hackney claimed caused their health problems. A videotape of the shop area was shown
during the hearing and it was clear that Mr. Whitfield and Mr. Hackney were
outside while the air hose was being used to clean the shop. Mr. Huckabay’s investigation concluded that
the injury was not compensable under Arkansas Workers Compensation laws.
Mr. Eaton, Director of Facilities Services, also
responded to questions from the Attorneys as a witness for the LRSD. He reported that during the course of his
in-house investigation, both employees Whitfield and Hackney refused to assist
in the investigation. He became
suspicious of their claims when he tried to determine how the alleged injuries
came about.
The recommendation to terminate these two employees
was based on their filing of false workers compensation claims.
The Board retired to deliberate at 8:15 p.m. They returned at 8:30 p.m. and Ms.
Strickland made a motion to uphold the administration’s recommendation for
termination for filing of false claims.
Mr. Rose seconded the motion and it passed unanimously.
IV.
ADJOURNMENT
There being no further business before the Board,
the meeting adjourned at 8:15 p.m. on a motion by Mr. Rose, seconded by Mr.
Kurrus.
APPROVED:
01-27-05 Originals
Signed by:
Larry
Berkley, President
Katherine P. Mitchell, Secretary