Updates on the Fight for Quality Public Education in Brevard County, FL

2019-11-26 - Special School Board Meeting, pt.b

0:00 that we all have a thumbs up on moving forward with that we’re

0:22 all comfortable with with

0:24 the late edition of the item we did have public comment at the

0:33 workshop thank you so much all

0:44 right so i will now turn it back over to miss enval for reading

0:47 of the resolution whereas the

0:50 surgeon general of the united states public health service has

0:52 issued an advisory on e-cigarette use

0:54 among youth which emphasized the importance of protecting our

0:57 children from a lifetime of

0:58 nicotine addiction and associated health risks by immediately

1:01 addressing the epidemic of youth

1:02 e-cigarette use and emphasized that the recent surge in e-cigarette

1:07 use among youth which has

1:08 been fueled by new types of e-cigarettes that have been recently

1:11 entered into the market as a cause

1:12 for great concern and concluded that we must take action now to

1:16 protect the health of our nation’s

1:18 young people and whereas the surgeon general united states

1:21 public health service has further concluded

1:23 that e-cigarette use among us middle and high school students

1:27 increased 900 percent during 2011 to 2015

1:30 and current e-cigarette use increased 90 78 percent among high

1:35 school students during the past year

1:37 from 11.7 percent in 2017 to 20.8 percent in 2018 and in 2018

1:44 more than 3.6 million youth including one in

1:48 five high school students and one in 20 middle school students

1:51 currently use e-cigarettes and nicotine

1:54 exposure during adolescence can impact learning memory and

1:58 attention and using nicotine in adolescence can

2:01 also increase risk for future addiction to other drugs and we

2:04 must take aggressive steps to protect our

2:07 children from these highly potent post products that risk

2:09 exposing a new generation of young people to

2:11 nicotine and whereas the surgeon general of the united states

2:16 public health service has specifically urged that

2:16 educators have an important role to play in addressing this

2:19 public health epidemic

2:20 and whereas the former commissioner of the united states food

2:25 and drug administration

2:27 fda scott gottlieb has concluded that teen use of e-cigarettes

2:30 is now an addiction crisis and an epidemic

2:32 and has identified jewel labs as having primarily response

2:35 primary responsibility for the epidemic

2:37 further concluding that the problem has been created and has the

2:40 problem that’s been created has been

2:43 created largely by their product and whereas the former

2:45 commissioner of the united states food and drug

2:48 administration fda david kessler has stated that the jewels e-cigarette

2:52 is facilitating initiation to

2:54 nicotine use and addiction by teens and the blueprint for that e-cigarette

2:58 could easily have been taken

3:00 straight out of the tobacco industries playbook and whereas the

3:03 committee on oversight and reform of

3:05 the united states health of representatives following review of

3:07 55 000 non-public documents of jewel labs

3:10 inc found that jewel deployed a sophisticated program to enter

3:13 schools and convey its messaging directly

3:15 to teenage children and jewel also targeted teenagers and

3:18 children as young as eight years old

3:21 in summer camps and out of school programs and jewel recruited

3:24 thousands of online influencers to market to

3:27 teens and whereas a national survey of youth found that nearly

3:31 one in five middle and high school students

3:33 between 12 and 17 years old had seen a jewel e-cigarette used in

3:37 school and whereas a national survey of

3:39 more than 1500 teachers and administrators of middle schools and

3:42 high schools across the u.s found that 88

3:44 percent of high school staff and 77 percent of middle school

3:47 staff were somewhat or very concerned about

3:50 e-cigarette used by students in schools and whereas it has been

3:53 widely reported that jeweling has become a

3:55 nightmare for school administrators throughout the united states

3:58 and whereas the school board of bevard

3:59 county florida has and continues to experience significant

4:02 problems with the use of student

4:04 jewel student use of jewel e-cigarettes which use among other

4:08 things one has created a substantial and

4:11 ongoing interruption of and disturbance to its educational

4:13 mission two has resulted in the diversion of

4:16 substantial resources in an attempt to abate and prevent such

4:19 use and three poses a significant risk to the health and well-being

4:23 of its students

4:23 and whereas the school board of bevard county florida has

4:26 determined that student use of electronic

4:28 cigarettes and vaping products continues to adversely affect

4:31 educational outcomes and that such use has

4:33 resulted in student suspensions truancy and absenteeism

4:37 requiring additional resources from teachers and

4:39 staff in an attempt to compensate for such issues and resulting

4:42 in significant costs the district

4:44 whereas the school board of bevard county florida is a leader in

4:47 education excellence whose faculty

4:49 administrators care deeply about the education and well-being of

4:52 its students and which is committed

4:53 to leading and not following now therefore be it resolved by the

4:56 school board of bevard county florida

4:59 that the school board of bevard county florida authorizes the

5:01 law firms of wagstaff cartmel and the mayor

5:03 law firm and others to initiate litigation and file suit against

5:06 any appropriate parties to compensate the

5:09 district for damages suffered by the district and its students

5:12 as a result of the manufacture marketing sale and use of

5:16 electronic cigarettes and vaping products

5:18 and to seek any other appropriate relief

5:20 thank you miss involved what are the wishes the board

5:24 go to approve

5:25 second moved by mr susan seconded by miss campbell

5:30 any discussion

5:30 i have one question uh miss emball said the names of the firms

5:42 and others but that’s not the words i see

5:44 in front of me um did you based on this morning’s uh addition to

5:50 others uh i thought that i added that myself

5:54 because the agreement is actually going to be the mayor law firm

5:56 wagstaff and others

5:59 so would you like to just to take out the and the others oh i it

6:02 doesn’t affect my vote i just want

6:05 to make sure everyone knows what they’re voting on and if it

6:07 makes a difference if it says and others

6:10 or not i mean this isn’t a contract this is just a resolution so

6:12 i’m guessing it doesn’t matter

6:14 i just want to clarify does it matter if it’s written in there

6:17 and our agreement itself actually

6:19 includes the others okay this is involved in the action it doesn’t

6:24 have and others should that be added

6:27 we can either add it or i can amend my resolution to remove and

6:32 others would you would you like me to

6:34 amend the resolution to include and others no no so we have a

6:43 motion to approve the resolution do we need to

6:48 have an amended motion to approve my question miss unball is are

6:53 we approving the recommendation

6:56 or are we approving the resolution you’re approving the

6:59 resolution at this point okay so we are um

7:03 would it be easy enough for us to approve the resolution

7:07 including the and others as presented

7:11 to the board so do we need an amended motion or simply just move

7:15 forward with the motion that we have

7:17 you can do an amended motion to include and others if you’d like

7:20 okay would anyone like to offer an amended

7:22 motion or can stay the way it is um the way that you stated or

7:30 the way that it is as attached to the

7:32 agenda whichever you would prefer ha can we have discussion

7:36 after the motion yes i also moved

7:40 and is there a second sure move by miss campbell seconded by mr

7:45 susan to approve an amended

7:50 resolution including and others and i will turn it to you miss

7:53 campbell since it was your motion for

7:56 discussion i am just taking a look at the email that ms enval

7:59 sent us this morning that says the final

8:01 version adds the two local law firms as collective counsel so

8:05 does the contract list the

8:08 list that just as counsel or does it list the law firm

8:14 specifically it lists each law firm specifically so

8:18 we can um do and others or list each law firm specifically i

8:22 mean the resolution is a is a

8:24 resolution it’s just a public proclamation but the contract

8:27 specifically would cause problems if we

8:29 need to engage others um so i as far as the the resolution i’m

8:37 good either way but i just want to make

8:39 sure we get to the contract that we’re not tying the hands of

8:42 the people we’ve asked to represent us

8:44 um or ourselves the contract is specific to those four law firms

8:50 okay but it it it does miss campbell

8:53 leave room if for whatever reason we decided um that we didn’t

8:57 want to work with that set of law firms

9:00 it does leave room for us to cancel that contract and work with

9:03 a different law firm uh one of the

9:05 things that miss enval and i discussed this morning was there

9:08 are some other firms out there working on the

9:10 case and in the in if there were a situation where the potential

9:15 um return um were to be more favorable

9:21 for the district with a different set of of law firms um we

9:24 could certainly potentially make that switch

9:27 but it sounds as though the 25 75 split is pretty much standard

9:31 with the firms um so we do have we do

9:34 have room to get out of that contract should we decide we need

9:37 to for a whole number of reasons including

9:39 that okay so would that be the only would that be the only

9:41 reason why i would want to leave the and

9:43 others on there i think that would capture the intent of the

9:47 board moving forward with the resolution

9:51 to leave others on there okay then my motions i’ll let my motion

9:57 stand okay so we have a motion on the

10:00 floor to approve the amended resolution to include and others um

10:05 do you need a voice vote pam or no okay

10:09 then please vote if there’s no additional discussion yes ma’am

10:12 two things do it’s appropriate to approve the

10:20 resolution before you approve the legal contract yes yes you’re

10:26 doing the resolution to say that it’s a

10:30 it’s an epidemic and that’s what we’re that’s what the board’s

10:32 doing is joining and and the second thing

10:35 is it appropriate do they have to vote on the original motion

10:40 first and then go to the amended the

10:43 amended i believe we had an amended motion so is that correct

10:46 all right so do we need to vote

10:52 time to discuss our vote now or should we discuss after the

10:57 amended

11:00 i think we’re just voting on the resolution right now resolution

11:02 on the contract we are amending

11:04 right now the resolution we vote on that then we come back to

11:07 discussion for right before we vote for

11:11 the resolution that has amended if it’s amended right right got

11:15 it any additional questions on the process

11:18 okay then um if any additional discussion on the amended motion

11:27 okay okay then if the board would please vote on the amended

11:30 motion

11:31 it says adopting the resolution yeah this is all right pam can

11:40 we do a voice vote on the amended

11:41 motion will that make your life easier wait on the actual

11:45 amendment the amendment to the resolution we

11:48 need a voice vote yes you’re actually amending the resolution

11:52 okay you want a voice vote on that one all in

11:55 favor aye aye aye aye aye aye all opposed aye the motion carries

12:02 four to one so we now have an amended

12:06 resolution um we will take a motion to approve the amended

12:11 recommended resolution move to approve second

12:15 move moved by mr susan seconded by miss campbell and open for

12:18 discussion

12:18 um i just wanted to share after we had our our meeting with our

12:30 uh our workshop last week and we

12:33 got into discussion with some of the students afterwards and i

12:36 believe one of them miss desk but shared an

12:38 e-mail that um that was sent um so that we could hear that

12:43 student’s input and one of the the concerns was are we

12:47 And getting involved in a lawsuit, are we getting away from our

12:49 mission?

12:49 And I think that is exactly the point, is that the JUUL, the vaping

12:56 and epidemic that we’re involved in, takes us away from our

13:00 mission.

13:00 It is taking our staff away from the mission.

13:05 And so I just feel like this is so important as much as, you

13:09 know, we all want to stay out of legal hairiness, for lack of a

13:14 better word.

13:16 We’re already in it.

13:17 We’re here.

13:19 And it’s causing a huge problem, not to mention just the fact

13:22 that part of our job is protecting students.

13:24 And so I feel like if we’re going to protect them in other ways,

13:27 that it’s appropriate for us to do it in this way.

13:29 And so that’s why I’m continuing to support our decision to move

13:35 forward with this.

13:37 Additional discussion?

13:40 Ms. McDougall?

13:43 After our meeting, I certainly had students come up and question

13:47 why we might get involved.

13:49 And it was an interesting conversation because she shared with

13:52 me, she has a friend who vapes at her school for anxiety.

13:56 And she has talked to her friend about stopping and how

13:59 dangerous it is.

14:01 And so, and that hasn’t stopped this friend.

14:04 So I am concerned that it is an epidemic.

14:07 And so that was one person I talked to.

14:09 And then I talked to a mother who is in the medical profession,

14:13 who has seen this firsthand and also in her family.

14:18 And she, I talked to her at length about this.

14:22 What do you think about us joining this?

14:23 And she says, Juul purposely targeted our youth.

14:28 Purposely.

14:29 Somebody needs to hold them accountable.

14:31 Even if we get nothing compensated from this, it needs to be

14:37 somebody to hold them accountable for what’s happening in the

14:41 epidemic to our children going forward.

14:43 And unfortunately, our other lawmakers are not, at this point,

14:49 willing to do that.

14:51 Let’s hope nothing happens to their children.

14:53 But she has seen firsthand some of the devastation to people who

14:57 are vaping and how prevalent it is.

14:59 So I want to move forward with this.

15:03 Thank you, Ms. McDougall.

15:05 Additional discussion?

15:06 Ms. Deskovich.

15:07 I’ve said most of this at our workshop, but I just want to

15:11 reiterate why I’m voting against this today.

15:15 And it’s not because I don’t think we don’t have a problem.

15:18 Obviously, our numbers show that nicotine use is up.

15:22 And we know firsthand that vaping is up.

15:25 And I have friends and family members that have been affected by

15:29 their students’ vaping.

15:30 And so I understand the problem.

15:33 But I can’t get past our role and where we belong in this and

15:36 what we should be doing.

15:38 And so for me, I think it’s out of our scope.

15:40 I think that there’s more than just Juul that are – I have a

15:45 problem with going after just one vendor when there’s – I

15:47 guess they’re not our vendor.

15:49 One company when there’s multiples that are probably doing the

15:54 exact same thing, but the research hasn’t been put in front of

15:57 us.

15:57 And so therefore, I’m going to stick with my nay vote.

16:00 Thank you, Ms. Deskovich.

16:04 Any additional discussion?

16:05 All right.

16:07 Then I will call from my vote.

16:19 Is there anyone who hasn’t voted?

16:35 Because I’m not getting a –

16:36 Oh, it might – I did vote, but it didn’t like it.

16:39 Come on.

16:40 Come on, McDougal.

16:41 I’m so sorry.

16:42 Oh, wait.

16:45 Mine didn’t – it looks like mine didn’t go through either.

16:49 Okay, good.

16:49 I want to call for a voice vote.

16:50 I think we got it.

16:53 Okay, motion carries four to one.

16:55 It was me.

16:57 And I will just say that’s – one of the reasons that I’m so

17:03 very proud of this board is that you all are very principled in

17:05 your votes

17:06 and that regardless of where we fall on a vote and any

17:09 disagreement, you know, with the other board members,

17:11 we all have committed to forge ahead and do the good work.

17:17 So thank you, Ms. Deskovich, for sticking to your principles on

17:19 that.

17:20 I appreciate that, as well as to the rest of you that carried

17:23 forward your principles as well.

17:25 Dr. Mullins, will you please walk us through the action items?

17:30 Yes, Ms. Belford, item G7 is to approve the appointment of Paul

17:34 Gibbs to the position of general counsel to the school board of

17:37 Brevard Public Schools,

17:39 effective January 6, 2020, pursuant to the terms of the attached

17:44 employment agreement.

17:45 What are the wishes of the board?

17:47 Move to approve.

17:47 Second.

17:49 Moved by Mr. Susan, seconded by Ms. Campbell.

17:52 Board members, before you go forward, the job description is not

17:56 attached as – the job description on the document you have is

18:00 not attached.

18:00 That will have to be attached, but it’s your job description

18:02 that you already approved.

18:04 It was just not attached to the attachment you have now.

18:08 Got it.

18:09 Is there any discussion on the item?

18:10 I’m just – we haven’t discussed much about the contract, so I’m

18:15 just kind of going through it here for a second time.

18:19 The salary – was that negotiated by –

18:23 It’s there.

18:24 The salary was negotiated by Dr. Thetty.

18:28 She worked diligently throughout the weekend.

18:30 She and I spoke several times.

18:32 We gave her the initial range that we had discussed at our

18:36 meeting last week, and she ran with that and worked through.

18:41 There were several questions that came up, but she worked

18:44 diligently with Mr. Gibbs to resolve those issues and bring it

18:48 forward.

18:49 So, he’s starting out just slightly higher than Ms. Envel’s

18:53 current salary.

18:54 Is it – is there a reason for that, years of experience, or is

18:58 there a way for us to – if you would, Dr. Thetty.

19:03 Thank you.

19:03 Yeah, why is he starting higher than you?

19:15 We worked through a process this weekend of years of experience

19:19 times a percent increase at 1.5 percent, assuming that every

19:24 year over, the minimum would be the person coming in with seven

19:26 years’ experience, which is the minimum required for the

19:29 position.

19:30 It actually came out to a little bit of a different number, but

19:34 we stuck with the 155.

19:36 Mr. Susan.

19:40 I would also like to remind the board that this individual is

19:43 coming on with more responsibility than Ms. Envel did, carrying

19:47 on a new staff.

19:48 It’s more responsibility possibly with our public records

19:52 requests and other things that we’re thinking, so there’s a

19:56 little bit more responsibility, and I think that also justifies

19:59 it for me.

20:03 Any additional question, discussion, concern, Ms. Campbell?

20:09 After our five-hour ordeal on Thursday, I think it’s important

20:13 to share with the public, who was certainly welcome to attend,

20:17 but was not there with us, that this was a really difficult

20:20 decision.

20:21 Thank you, Ms. Envel, for doing some – beating the bushes.

20:25 And I’m thankful to the three candidates who came and spent

20:29 their morning with us, so I know it’s a long morning for them,

20:33 doing individual interviews with all the board members.

20:35 This was – I don’t know if I can say it was the most difficult

20:40 decision that we’ve made, but I think it took the longest amount

20:44 of time.

20:46 But I’m glad to move forward with someone who has – who has

20:51 had this role before, and – but can’t replace you, Ms. Envel.

20:57 I have a couple more.

21:01 Ms. Tuskovich.

21:02 Oh, okay, hang on.

21:04 And Dr. Thetty, thank you, because we didn’t give you very much

21:08 time to get this work done, from the beginning to the end,

21:13 not just this last weekend, but getting the applications

21:16 processed and – and sitting in with us on the marathon

21:21 meetings and calling references.

21:24 And thank you, Ms. Escobar, as well, for your role in helping

21:28 get us organized so quickly.

21:30 I don’t know if this goes to Ms. Envel or Dr. Thetty, but the

21:36 – the new section – so the General Counsel is responsible

21:39 for the recommendation.

21:40 This is Section 5A. Is that – that’s a brand-new section, I’m

21:43 assuming?

21:44 That actually was in mine, as well.

21:45 It was in yours.

21:46 It was.

21:46 So we already established that the General Counsel would –

21:49 okay.

21:49 We just didn’t quite get that far.

21:50 We were close, though.

21:52 Very close.

21:52 Okay.

21:53 And the – the language on the parliamentarian certification

21:59 coverage, is that new?

22:01 No, that was there, too.

22:02 Interesting, because he specifically said he wanted to go get

22:05 that certification.

22:06 So, okay.

22:07 I just want to second what Ms. Campbell said about our deliberation

22:11 on our three top candidates.

22:13 They were all remarkable.

22:15 And, you know, I just want public record to show that we would

22:18 have been well-served with any one of the three.

22:21 It was – it was very challenging.

22:26 Five hours of us, and we weren’t fighting.

22:28 We were weighing the pros and cons and the experience that each

22:33 one had and what Brevard’s needs were.

22:35 And I think – I think we did a good job coming to the final

22:39 conclusion.

22:39 Thank you.

22:40 Any additional discussion?

22:45 I will just add, absolutely, it was – really, this was an

22:50 absolute team effort from start to finish with crunch time from

22:56 the get-go for staff, for the board, for – certainly for our

23:01 candidates who are very flexible with their schedule.

23:03 And Ms. Duskovich couldn’t have said it better.

23:06 We would have been very well-served by any of those three

23:08 candidates.

23:09 And we – we are – are blessed.

23:12 Thank you, Ms. Enball, for going out and recruiting to bring us

23:16 such great candidates and to – to all of the staff who – who

23:20 made it possible for us to get through this in a speedy manner

23:22 and – and get someone in here to – to try to take the place

23:26 Ms. Enball as she leaves us.

23:28 So – with that, I will call for a vote.

23:31 Come on.

23:40 Your computer’s too cold.

23:42 And the motion passes 5-0.

23:46 Congratulations to Mr. Gibbs, and we look forward to welcoming

23:49 you to the board – or to the district, I should say.

23:52 Do we have a start date?

23:53 January 6th.

23:55 Okay.

23:56 January 6th.

23:57 Yes, and – and Dr. Thede did a great job negotiating that as

23:59 well.

24:00 Now she needs to become a real estate agent.

24:03 Right.

24:04 Okay, Dr. Mullins, I think we are back to you.

24:09 Item G-8 is for the board to approve the legal services

24:12 agreement regarding electronic cigarettes vaping litigation.

24:16 What are the wishes of the board?

24:18 Move to approve.

24:18 Second.

24:19 Moved by Mr. Susan, seconded by Ms. Campbell.

24:22 Any discussion?

24:23 All right.

24:26 Please vote.

24:27 And the motion passes 4-1.

24:39 There being no further business, this meeting is now adjourned.

24:44 All right.

24:46 Thank you.