JULY SPECIAL BOARD MINUTES
OF THE RAPIDES PARISH SCHOOL BOARD
Special Board (Tuesday, July 18, 2023)
Generated by Nikki Lucas on Wednesday, July 19, 2023
Members present
Mark Dryden, Wilton Barrios, Willard McCall, George Johnson, Wally Fall, Steve Berry, Sandra Franklin, Linda Burgess
Members absent
Stephen Chapman, George Johnson
Meeting called to order at 4:59 PM
Meeting Location:Rapides Parish School Board Meeting Room, 619 6th Street, Alexandria, LA
ADD ON
6. Motion to review and adopt a Resolution regarding employment of special counsel, in accordance with Louisiana revised statute 42:263 (As a result of various issues regarding governance of the Louisiana High School Athletic Association) - Mr. Jeff Powell
Vote was unanimous to add item 6
RESOLUTION
WHEREAS, La. R.S. 42:263 authorizes the retention of special counsel by any school board upon a statement of reasons why such counsel is necessary and upon the approval by the Attorney General; and
WHEREAS, the Louisiana High School Athletic Association (“LHSAA”) governs high school athletics in Louisiana pursuant to a Constitution and By-Laws; and
WHEREAS, the membership of LHSAA consists of Louisiana high schools; and
WHEREAS, in matters pertaining to the athletic affairs of each school, the principal of that school is responsible to the LHSAA; and
WHEREAS, each high school under the jurisdiction of the Rapides Parish School Board is a member of the LHSAA.
WHEREAS, the LHSAA has adopted, through its Executive Committee, amendments to its Constitution, By-Laws and the Glossary of terms employed therein that require ratification of the member-principals of the LHSAA; and
WHEREAS, despite the requirement for ratification of the amendments by its member-principals, various amendments have never been presented to the member-principals of the LHSAA for ratification; and
WHEREAS, the amendments adopted by the Executive Committee of the LHSAA, without the ratification of its member-principals, have had a deleterious effect on the high schools operated by the Rapides Parish School Board and the high school students served by the Rapides Parish School Board; and
WHEREAS, the continuing violation by the LHSAA of its own Constitution has also caused the athletic programs operated by the schools under the jurisdiction of the Rapides Parish School Board the loss of significant revenue and prestige of competing in athletic events with schools of like size and character; and
WHEREAS, the Rapides Parish School Board, its Superintendent of Schools, and its staff are in need of special counsel with experience, training, and expertise in school law issues and in litigation dealing with the LHSAA to institute litigation to enjoin the practices of the LHSAA that are contrary to its own Constitution; and
WHEREAS, through its representation of the Louisiana Association of Educators and its representation of various school employees throughout the State of Louisiana, the law firm of BLACKWELL & BULLMAN, LLC of Baton Rouge, Louisiana, has special experience, training, and expertise in those legal issues relevant to the proposed litigation, now
THEREFORE, BE IT DULY RESOLVED, by the Rapides Parish School Board in regular session duly convened does hereby retain and employ, pursuant to La. R.S. 42:263, the law firm of BLACKWELL & BULLMAN, LLC of Baton Rouge, Louisiana as special counsel; and
BE IT FURTHER RESOLVED that said law firm shall perform such services at the hourly rates set forth in the Maximum Hourly Fee Schedule adopted by the Louisiana Attorney General on February 8, 2016; and
BE IT FURTHER RESOLVED that said law firm shall be reimbursed for all costs and expenses that it may incur during the course of said representation; and
BE IT FURTHER RESOLVED that said law firm shall keep itemized time records with respect to services rendered and expenses incurred; and
BE IT FURTHER RESOLVED, that special counsel immediately institute such litigation as may in special counsel’s opinion be deemed necessary and appropriate to challenge the violation by the LHSAA of its own Constitution through the adoption of amendments to the Constitution, By-Laws, and Glossary of terms of the LHSAA by its Executive Committee that require ratification of the member–principals of the LHSAA without receiving such ratification; and
BE IT FURTHER RESOLVED, that the Rapides Parish School Board authorizes and directs special counsel to encourage school boards and school principals throughout the State of Louisiana to join any litigation that may be instituted; and
BE IT FURTHER RESOLVED, that the Rapides Parish School Board specifically authorizes special counsel to name any of its high school principals who consent thereto as a party plaintiff to said lawsuit; and
BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to the Attorney General of the State of Louisiana for approval; and
BE IT FURTHER RESOLVED, that if approved by the Attorney General, this Resolution shall be spread upon the minutes of the Rapides Parish School Board and published in its official journal; and
BE IT FURTHER RESOLVED that the employment of special counsel pursuant to this Resolution shall be effective immediately upon adoption of this Resolution; and
BE IT FURTHER RESOLVED that the Rapides Parish School Board has been duly advised that the law firm of BLACKWELL & BULLMAN, LLC of Baton Rouge, Louisiana may have, in the past, and may, in the future, represent school employees in matters in which the Rapides Parish School Board, its superintendent, agents, and employees are adverse parties. The Rapides Parish School Board recognizes that such representation may present said law firm with an actual and/or potential conflict of interest. As an inducement to said law firm to undertake its representation on the terms set forth in this Resolution, the Rapides Parish School Board irrevocably waives any and all such past, present and future actual and/or potential conflicts of interest on behalf of itself its superintendent, its agents, and its employees.
Finally, in-house counsel for Rapides Parish School Board has been in contact with BLACKWELL & BULLMAN, LLC of Baton Rouge, Louisiana who has agreed to represent any additional school boards who wish to join in as plaintiffs to this lawsuit on a pro-rata share of expenses therefore.
Motion by Linda Burgess, second by Willard McCall.
Final Resolution: Motion Carries
Aye: Mark Dryden, Wilton Barrios, Willard McCall, Wally Fall, Steve Berry, Sandra Franklin, Linda Burgess
Absent: Stephen Chapman, George Johnson
Standing Items
Procedural: 1. Call to Order
Procedural: 2. Invocation, Pledge
Procedural: 3. Roll Call
New Business
Action: 4. Motion to approve Salary Schedules for the 2023-2024 fiscal year as required by the Legislative Auditor - Elizabeth Domite
Approve Salary Schedules for the 2023-2024 fiscal year as required by the Legislative Auditor - Elizabeth Domite
Motion by Steve Berry, second by Mark Dryden.
Final Resolution: Motion Carries
Aye: Mark Dryden, Wilton Barrios, Willard McCall, Wally Fall, Steve Berry, Sandra Franklin, Linda Burgess
Absent: Stephen Chapman, George Johnson
Action: *5. Motion to enter into service contract with Enmon Enterprises, LLC d/b/a Jani-King doing business for janitorial services for Head Start sites and for an employee from Jani-King to be on-site during school hours; Julius Patrick, W.O. Hall, The Pines, and McKeithen Mrs. Cindy Rushing
Substitute Motion to authorize the Secretary to solicit formal proposals for "Janitorial Services" (RFQ No. 24-12); and authorize the Executive Committee, Superintendent and/or Central Office Staff to receive the proposals and a recommendation to be made to the Board - Elizabeth Domite
Motion by Steve Berry, second by Mark Dryden.
Final Resolution: Motion Carries
Aye: Mark Dryden, Willard McCall, Wally Fall, Steve Berry, Sandra Franklin, Linda Burgess
Nay: Wilton Barrios
Absent: Stephen Chapman, George Johnson
EXECUTIVE SESSION
ADJOURNMENT
Action: Adjourn the meeting
RAPIDES PARISH SCHOOL BOARD
_______________________________________
/s/Dr. Stephen Chapman
President
ATTEST:
/s/Jeff Powell
Secretary
S E A L