Special Board Meeting, August 24, 2021

 

https://www.youtube.com/watch?v=fZEINyrw-34

[NOTE: hot links in text are to specific points in meeting]

Roll call is taken with Valentine the only absent member.

Boozer-Strother and Williams move to approve the agenda, which unanimously passes.

Miller explains the only item on the agenda is the legal contract. On July 28, the board approved a contract with the Robertson Law Group to provide legal services. On August 12, the CEO presented information from the administration that the firm did not meet the requirements necessary to enter into a contract with PGCPS. Today’s meeting is to discuss options to move forward.

Boozer-Strother makes a motion to reconsider the vote from the July 28 meeting in light of the new information the board has learned. She voted in the affirmative and would like to cast a different vote. Mickens-Murray seconds.

Miller again asks all board members to turn on their cameras.

Roll call vote begins on the motion. Adams-Stafford votes to abstain.

Miller stops the vote to ask the parliamentarian if abstention votes require an explanation. After some technical difficulties, Bill Shelton, the parliamentarian, states no, it is not needed.

The board secretary then asks for clarification on whether or not the student board member can vote.

Miller says no because he could not vote on the original contract.

Thomas disagrees with Miller’s ruling because the motion is to reconsider a vote, not on a contract; it is not a budget or personnel item. Shelton says he doesn’t think that’s correct but just move on. The student board member can’t vote on the underlying issue anyway. Mickens-Murray agrees with Thomas’ interpretation having just taken training.

Vote is taken:

Abstain: Adams-Stafford, Ahmed, Burroughs, Harris

No: Murray, Thomas

Yes: Boozer-Strother, Queen, Monteiro, Mickens-Murray, Williams, Miller, Ceron-Ruiz

Absent: Valentine

Motion fails as 8 votes are needed when the student board member is present.

Miller notes a group of board members were selected to solicit proposals for legal counsel; the committee reviewed and ranked the proposals. The scores were relatively close for both firms and the costs were relatively identical, except for parliamentarian services. With that, she asks for a motion to award the contract to the second highest scoring firm: Shipley & Horne.

Murray would like to understand since the motion to reconsider failed, the contract with Robertson still stands. Why are we voting to approve a contract for the second firm?

Miller explains the contract with Robertson is moot because procurement will not sign off on it, as explained by the CEO. A vote to reconsider would have formalized the board not moving ahead with the Robertson contract, similar to a vote to end a contract.

Williams affirms Miller’s explanation. She expresses her confusion about the outcome of the vote to reconsider, noting legal counsel is needed. There are two options before the board: start the RFP process over or vote to approve a contract with the second highest scoring firm.

Mickens-Murray asks if there was an argument to be made to pursue the Robertson firm? Otherwise, she too doesn’t understand the outcome of the vote.

Boozer-Strother explains her motion to reconsider, noting it is the first time she has received very different information after she cast a vote.

Adams-Stafford then makes a motion to authorize, consistent with PGCPS procurement policies, the board’s two existing hearing examiners to provide legal counsel to the board in deciding any and all appeals by PGCPS staff, students, and labor partners until issues are resolved around the legal counsel contract. This would be a limited authorization and would not include them providing legal counsel to the board regarding appeals to state, etc. She notes the urgency of resuming hearings as there is a backlog and it impacts students and staff.

Thomas seconds.

Miller responds she wants to make sure the board is in compliance—can this be discussed as the agenda was limited?

Shelton states this motion is probably out of order.

Mickens-Murray makes a motion to hire Shipley & Horne as board legal counsel.

Williams seconds.

Boozer-Strother asks if due diligence has been done on the second firm? She does not want to learn more information later. Miller responds she can’t provide those assurances.

Ahmed states she is not sure if her colleagues are aware, but Shipley & Horne have provided financial campaign contributions to family members of people on this board (Sonya Williams’ sister) and to the county executive, who has appointed members to this board. She “feels some type of way” about moving forward with the firm.

[NOTE: reported campaign contributions can be searched here: https://campaignfinance.maryland.gov/Public/ViewReceipts

If you search a board member’s last name, first name in the “receiver” search box, you can find the disclosed contributions to the campaign, for example.]

Williams replies she doesn’t keep track of contributions to her sister, but she would recuse herself. She goes on to explain that she is on the board to do the work of the BOE, and we need to get that work done. She would like to take the vote to see the outcome, which is why she seconded Mickens-Murray’s motion. Shipley & Horne had the second highest score in the RFP.

Mickens-Murray reads from a statement that it is important to hire a legal firm tonight. It is important to carry on the business of the PGCPS system. When she was appointed, she made a commitment to make the best decisions with the information she had and ends with an endorsement of the work of Shipley & Horne based on their reputation.

Murray thanks Ahmed for bringing Shipley & Horne’s political contributions to light. We should have an unbiased attorney serving the board. He is concerned that Williams did not disclose the contributions to her sister to date and notes the firm donated $10,000 to the County Executive as well as having significant development business before the county council.

Adams-Stafford would like to amend her motion and have the Operations, Budget, Fiscal Affairs Committee (referred to as OBAFA) review the issue of legal counsel and bring back a solution to the board within two weeks.

Ahmed seconds.

Mickens-Murray interjects that she thought her motion was still on the floor?

There is confusion about which motion is being considered.

Miller asks if the BOE can authorize a committee to overrule what a subcommittee authorized? She also points out this could open the board to a technical protest and liability, without legal counsel.

Ahmed responds that either firm could protest. She doesn’t want to break confidentiality of what was discussed in executive session, but she had a different interpretation of what was listed as the reasons for why the Robertson firm did not meet the technical requirements. She supports Adams-Stafford solution.

Shelton asserts he thinks he needs to push this meeting along. The discussion needs to be on the motion made by Adams-Stafford. Vote on it and move on to something else.

Williams points out it may be a challenge to have the hearing officers providing legal counsel during the appeals as they are already participating in the appeals process.

Mickens-Murray states that the reason she had earlier asked who was on the OBAFA committee was that she did not understand that acronym. She suggests shortening the time stated in the motion to 1 week as this needs to be resolved quickly.

Adams-Stafford responds to Williams that if a situation came up where a hearing officer could not provide legal counsel due to existing involvement in the case, the board’s former legal counsel could assist as he has already indicated his willingness to provide assistance.

Boozer-Strother asks if a committee already selected two firms and has experience and knowledge of the process, shouldn’t it stay with that committee? Why are we going through another committee now?

Miller states that the chair selected the subcommittee who worked on the RFP and selection. The board is now overriding the authority of the chair. That is her concern.

Williams makes a point of clarification: the policy committee—then headed by Ahmed—had received approval of the board to participate in the selection of the legal counsel. The subcommittee tasked with finding legal counsel consequently consisted of three members of the policy committee and board leadership.

Burroughs states he sees value in Mickens-Murray’s suggestion to shorten the timeframe and in Boozer-Strother’s point. He makes a friendly amendment to Adams-Stafford’s motion incorporating those suggestions.

Queen notes she has been quiet on this situation. She is trying to look at the big picture and look at it from a business standpoint. I am focusing on the needs of the board. It takes all of us, though. We need to take the personal stuff out of here and realize it is not about us. School is about to start. I am not going to just give this contract to anyone though. I’ve been on the board less than 3 years and we’ve had two attorneys.

Adams-Stafford asks if we can just vote on the motion?

The board secretary restates the motion with amendments after clarifying that Adams-Stafford accepted them. The motion is to have the previously approved subcommittee to continue with the actions of this motion which is to review the issues of board legal counsel and bring solutions back to the board of education within 1 week’s time.

The motion passes unanimously.

Mickens-Murray asks who the chair of that subcommittee is. Miller responds it will be Ahmed.

The subcommittee members consist of the chair (Miller), vice chair (Williams), former chair of governance committee (Ahmed), Burroughs, and Thomas.

Queen makes a motion to adjourn.

Miller makes a closing statement. The budget committee that is administrative cannot overrule purchasing guided by law. Dr. Goldson has provided the board with sound legal advice, guidance, and board policies. We are now deferring having legal counsel at this time.

Meeting adjourns.

Before Zoom is closed, Burroughs is heard asking “who wrote that speech?” Miller replies “it wasn’t you, that’s for sure.” Burroughs is heard answering, “I know because it had too many inaccuracies…”

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