Board Work Session, September 2, 2021

 

https://www.youtube.com/watch?v=IRRyHB6fRxE&t=12168s

Miller begins with a moment of personal privilege and notes that Mr. Shelton, the parliamentarian, sent her a text indicating he wanted to share a section from the code of professional conduct for parliamentarians. He states that when he receives information in confidence, he is required to keep it in confidence. Miller asks that Ms. Berkeley, board staff, forward the information to the whole board. She then compliments Ceron-Ruiz on the advisory council he hosted recently for student board members.

After board prayer, pledge of allegiance, roll call, adoption of agenda, and approval of prior board meeting minutes, public comment begins.

Tonya Wingfield hopes that with the new school year, there will be a new tone on the board. She would like to hear more from Dr. Goldson and her staff about academics as outlined in the strategic plan and more conversations regarding funding and outcomes. She reminds the board to execute oversight but to remember they are not “worker bees.” She concludes by thanking state legislators for reminding us that self preservation is not just in Congress.

Donna Young tells the board that she had a conversation with her representative, Ms. Ahmed, regarding her concerns about the selection of an attorney. She quotes from PGCPS procurement policies.

Timothy Meyer discusses Mount Rainier ES outdoor classroom planning and highlights the importance of making sure schools have outdoor class space. He states that school PTAs need top to bottom PGCPS support and provides examples of situations where the middle men in PGCPS were not helpful.

Aminah Johnson is concerned about her daughter’s bus stop which is 1.3 miles away from her house. Transportation told her that the school board took a vote on community bus stops. She understands that there is a shortage of bus drivers but the route to the bus stop is unsafe, and there is no one to take her to the stop because she has to be at work. Her daughter goes to a specialty school, and they have always had transportation. Her representative on the BOE has not responded to her call.

Amity Pope of PG Change Makers explains their constituents are concerned about their children returning to a welcoming environment, noting suspensions have already begun in other Maryland counties where school has started.

 

Work session topics include the presentation of the PGCPS reopening plan for 2021-2022 (presentation slides available on BoardDocs).

Dr. Goldson and board staff present the report.

The board members next have the opportunity to ask questions of the PGCPS administration; these range from air purifiers in schools to the bus driver shortage to whether or not manipulatives will be used to COVID testing of staff and students to after-school tutoring to virtual academies.

During the discussion, Adams-Stafford reiterates her concern that there is no current plan to test students and makes a motion that administration provide the board with a preventative testing measure that would be administered for the K-6 students with regular frequency. It could take any form that makes sense. Ahmed seconds.

Miller asks if we are making motions? She thought this was a work session.

Shelton states this would be up to the chair’s discretion. Normally, a board member asks if the chair will entertain a motion at this time.

Adams-Stafford explains this is probably the most important topic we are discussing. We want to ensure we are focused on our most vulnerable students who cannot be vaccinated.

Goldson reiterates that as she has shared, her team has been in discussion regarding testing of asymptomatic K-12 students and the best way to do that. It takes a lot of research to make these decisions. There won’t need to be a motion, because as CEO she will continue to make the best decisions for the community as she has done throughout the pandemic. As outlined in HB 1107, the CEO is responsible for day to day administration. She asks again that the board trust her to continue to make decisions and trust that she will let them know first and the community second.

Miller states with that being said, she will not entertain a motion at this time. She asks Dr. Goldson to make a note of Adams-Stafford’s concerns and the urgency of this decision.

 

Next is the presentation by Shawn Matlock of the FY2023-2028 Capital Improvement Program (presentation also available on BoardDocs).

Board members have the opportunity to ask follow-up questions, which include the cost of the Cherokee Lane ES replacement, unsafe walking conditions to Bladensburg ES, and financial closeouts of projects.

 

Follow up item is the outcome of the August 30, 2021, ad hoc board legal counsel committee meeting.

Ahmed presents a summary of the recommendations approved by the committee. Plan A is to have Procurement contact all firms not currently working with PGCPS or the Board from the MABE-approved vendor list to see which ones are available to provide temporary legal services for appeals. If a suitable vendor cannot be found by September 15, Plan B is to contract the board’s hearing examiners to provide services regarding appeals. For permanent legal services, the recommendation is to conduct a new RFP, which will take 75 days to complete. Administration will provide clarity regarding the requirement for educational law experience and if firms are eligible. The hiring panel will consist of a new list of board members, approved by the board, with the suggested members being Shayla Adams-Stafford, Pamela Boozer-Strother, and Kenneth Harris. Ahmed then moves on behalf of committee to approve the recommendations.

There is substantial discussion regarding the recommendations, who can appoint members to the ad hoc committee, and how to word the motions for the recommendations for voting.

Eventually Burroughs makes a motion for Plan A: have Procurement contact MABE-approved vendors to see who can provide temporary legal services for appeals.

Motion passes, with Monteiro absent.

 

By this time, Miller notes, it is after 11 pm.

 

Mickens-Murray makes a motion that original ad hoc committee members plus representatives from the General Counsel and Procurement re-evaluate the three remaining firms and make a recommendation to the board regarding permanent legal counsel. Williams seconds.

No: Adams-Stafford, Ahmed, Burroughs, Harris, Murray, Thomas

Yes: Boozer-Strother, Mickens-Murray, Queen, Valentine, Williams, Miller

Absent: Monteiro

As Shelton points out, it doesn’t matter if Ceron-Ruiz can vote because they won’t get to the proper number. Motion fails.

Burroughs moves that the Office of Procurement conduct a new RFP process with administration providing clarity on educational law experience. The new review committee will consist of three board members, approved by the board. [This is the ad hoc committee recommendation.] Miller argues that is circumventing the authority of the chair to appoint ad hoc committees. Burroughs asks for the specific bylaw she is referencing. Miller states she does not have them in front of her.

Shelton points out that the chair has already stated she is the one authorized to appoint ad hoc committees.

Burroughs replies he can’t find that policy. Shelton responds that the rules of parliamentary procedure give the chair that authority, and Burroughs replies that board policy supersedes parliamentary procedure. Shelton asks for specific board policy that states the chair does NOT have that authority.

Murray raises a point of order and points to policy 9210, which states the chair by direction of the board may appoint committees. Miller, meanwhile, is looking through her files for the duties and responsibilities of the chair.

Goldson asks, what are you all doing with the other 3?

Miller states it appears that the board is setting themselves up for the possibility of liability.

Shelton says he wants to make a point and then he is going home. He reads the bylaw referenced by Murray and says Dr. Miller is correct. He wants to know where it says she DOES NOT have the authority.  He says he is not going to come here and debate parliamentary procedure every night. He might just not come back. He reiterates he is there as a referee, calling balls and strikes. At some point, you have to accept the call or you will be here all night and questioning everything.

Discussion on Burroughs’ motion continues.

Murray then points to the section of Robert’s Rules of Orders (5011) regarding the appointment of committees. Shelton reads it aloud, pointing out it begins by saying if it not prescribed in bylaws. He says this is why I don’t want to work with you guys. You are constantly challenging everything I tell you. I have lost my patience. I don’t have the time or patience to put up with this. Ahmed raises a point of order that he had asked for this information, which Murray is providing. Shelton states I have a different interpretation from Murray. He apologizes to Murray and states this is the first time I’ve seen your face. Burroughs and Shelton continue to discuss this policy and provision. Shelton concludes, you know that phrase from Gone with the Wind? I wouldn’t say that to you, but I don’t have a dog in this fight. I’ve given you my opinion. I think you are wrong in your interpretation. I could be wrong. But I have 40 years of law experience and parliamentary procedure and 2 law degrees to hopefully give me some support.

By this time Miller has found the handbook and reads the duties of the chair. Ahmed and Burroughs note the handbook is not policy. It has not been updated since 2010. Miller states she is not going to argue with board members about this. It’s late. She will seek legal counsel from the General Counsel for the County Executive’s office until they have permanent board legal counsel.

Valentine is recognized. He points out the board is not at its best right now and that this legal counsel selection process is being soured by the perception that the board is trying to predict the outcome. He is not sure why anyone would want to risk their reputation working for the board. He makes a motion to adjourn. Queen seconds it.

Ahmed raises a point of order that there is a motion on the floor.

Valentine clarifies with the parliamentarian that the motion to adjourn supersedes any motion on the floor; Shelton agrees Valentine’s motion is in order. The motion to adjourn takes precedence. Any other motions on the table are unfinished business. You don’t have to vote to withdraw or table it. Valentine amends his motion to include confirmation of actions taken in executive session, and Queen agrees. Valentine calls for question.

Roll call vote is taken.

Yes: Adams-Stafford, Boozer-Strother, Burroughs, Ceron-Ruiz, Harris, Mickens-Murray, Monteiro, Queen, Valentine, Williams, Miller

No: Ahmed, Thomas

Abstain: Murray

 

As the meeting ends, Miller asks Shelton if he is saying goodbye for good. He replies, yes. He will not come back. He cannot do it. Miller thanks him for his services.