001To the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Yeah, >> it's my recommendation that we approve the quote from Sports Staff, Inc. for new football jerseys. Uh, this was supposed to have been done last year, but somehow or other it fell through the cracks. But this is uh the invoice here on the next page. Total of $21,3845. want to make a motion. I'll make a motion to choose. >> Okay, >> we're ready to move to personnel. >> Okay, Mr. Chief, if you want to start. >> I got you. [clears throat] It is 6:01 p.m. on February 3rd, 2026. My name is Jim Cheek and I'm president of the England uh School District Board of Education. We
002are now in session and the hearing is called to order. Before we begin, I ask everyone to silence all their communication devices. If you receive a call, please step outside of the room to carry on a conversation. This is a hearing regarding the recommendation of Superintendent Dr. Hubble to terminate the appointment as Xavier Brooks pursuant to district policy 8.31 renewal and termination. I will conduct the hearing. Administration is represented by attorney Whitney Moore. Miss Brooks is present. Mr. Brooks, do you have an attorney? She has no attorney present. We will now begin the hearing. Arkansas law requires that all contested employee termination hearings be held in open session. The procedure for tonight will be as follows. Miss R. Brooks will make presentation. Miss Moore will make the administration's presentation. The procedure will be for Miss
003Brooks to make a fivem minute opening statement followed by a fivem minute opening statement by Miss Moore. Miss Brooks will then have be afforded 30 minutes to present her case. When Miss Brooks presentation is complete, the administration may go forward with a presentation. Miss Moore will have 30 minutes to present the administration's case. At the conclusion of both Miss Brooks and administration presentation, Miss Brooks will have five minutes to make a closing statement followed by five minutes of uh for the administration to make a closing statement. Mr. Ty, board secretary, will you please keep uh the time for the party? You'll be able to do this, sir. All right. Any witnesses called by either party may be questioned by Miss Brooks and Miss Moore and then the board members themselves. Since the law makes no
004provisions for formal cross-examination, any question will be done in an informal and conversational manner. I must emphasize once again that the purpose of this hearing is to bring before the board the appeal of Miss Brooks of Dr. Hard Hubble's termination recommendation and all matters relevant to the termination recommendation will be permitted. Uh it is now 6:03 p.m. Uh Mr. Brooks, would you like to make your open statement this time? >> [clears throat] >> I respectfully place the following objection into the record. The England School District has not complied with the Arkansas Public School employees fair hearing act. I have not received a legally valid notice of recommendation termination because the January 23rd letter was only sent by email and not by certified mail as required by Arkansas law. Because proper notice was never issued, the
005statutory timeline has not begun, and this board does not have jurisdiction to conduct a hearing tonight. For the record, although the district also sent a certified letter, I did not receive that certified letter until today, February 3rd, the day of this hearing. I also have ring camera footage confirming delivery today. I have also not been provided the evidence the district intends to use, including witness statements, reports, internal communications, or the video referenced by the superintendent. I have not been provided the specific policies the district alleges I violated or the rights afforded to me under Arkansas law. With this information, I cannot meaningfully prepare defense. I requested postponement so that the district could comply with the law, but the superintendent who is the recommending party improperly denied that request. Only the board has authority to rule
006on such a request. For these reasons, I respectfully object to proceeding with this hearing. I am willing to participate in a lawful process once proper notice has been issued. The evidence has been provided and I have had adequate time to prepare. I ask that the board postpone this meeting until the district complies with Arkansas law. You give your time. Okay. 6:05 p.m. you open statement. >> Good evening. My name's Whitney Moore. I'm here tonight representing the district's administration. Um, in response to Miss Brooks's contention that the Public School employee fair hearing act applies, I would say it does not. that act was repealed by the learns act of 2023. Um it's it did require prior to passage of the Learns Act that we serve termination recommendation letters via certified mail, but that's no longer the
007law. Um service via district issued email is now permissible and that's reflected in the district's policy 8.31 which states that service can be made by email. Um Miss Brooks received that email because she emailed Dr. Hubble last Friday and stated that she would attend tonight. So, we prepared to have this hearing based on that response on Friday. Now, um the policy 8.31 also states that the superintendent would should make the recommendation um to the board and issue notice to the employee that her recommendation is termination and provide the employee with notice of when the hearing will take place, date, time, location, um and that the hearing should not be held sooner than 10 days following issuance of that correspondence. Uh Dr. Hubble's letter was emailed to Miss Brooks on Friday, January 23rd. That was 11
008days ago. I believe we are in compliance with um the policy having the hearing tonight. But and and I believe that that Dr. Hubble was is authorized by policy 8.31 to deny the request to postpone. Um, however, if the board wants to make a motion on whether or not to grant Miss Brooks's request to postpone, I have no objection to that and we'll leave it to the board. Um, and but I do have an opening statement. I can proceed with that now or I can let the board consider the request to postpone. >> If we did postpone, what would be the recommendation of the length of postponement? week, seven days, 10 days. >> Well, if Miss Brooks is contending that she got noticed today, um I would say 10 days from today, we can. Now,
009however, the policy states that by agreement of the administration and the employee, you can agree on another date that is um I believe the policy says it should be held no sooner than 10 days and no later than the next regular meeting following that 10-day period, but the administration and the employee by agreement can basically pick any day. You could choose to have it sooner or later. Um, now I will say, I think I can say this on behalf of Dr. Hubble. Um, Dr. Hubble's primary concern has been that Miss Brooks is on paid admin has been on paid administrative leave since December 16th, I believe. Um, and so continuing to delay this hearing um has continued that paid administrative leave. Now, I did um mention to Dr. Hubble. I have not mentioned this to
010Miss Brooks, but if Miss Brooks uh would agree to convert to unpaid leave from now until whenever a postponed hearing is held. Um that could be something that we could could agree to. Uh if that's the the board's will. Um but I think the the concern of Dr. Hubble in having the hearing tonight was that Miss Brooks was properly notified and uh if the board upholds her recommendation to terminate tonight, we would no longer be paying Miss Brooks following this hearing. If we postpone it another week or 10 days or however we, you know, as it stands, we would be continuing to pay Miss Brooks. [snorts] So, there was an economic aspect to that consideration. I'm more concerned if we met the policy metrics than the policy. >> So, do we follow the policy? I
011mean, do we need the date of the policy? That's the question. >> It's my opinion that you did the service was proper and and the hearing >> when the certified letter mailed. That's my issue. >> Yeah. >> When was it mailed? The certified letter was mailed January 23rd and the policy says >> but the post office didn't even run for what 5 10 days. >> The policy does not require certified mail. It said I believe it says and I can look it up and be certain but I'm pretty sure um it says it can be delivered via hand delivery, regular mail or districtisssued email. And it does not have to be all three. Um Dr. Hubble I believe mailed it via certified mail, regular mail and email delivery and that is more just to ensure
012that it gets there one way or another. Um but certified delivery is not required >> but wasn't required for policy. >> Which email was I corresponding from? Because you mentioned district email and since I've been on leave I have not been accessing my district email. >> Did you send it to our district email? I thought I sent it to your personal email because you had asked me to do that. >> I don't recall asking, >> but since I've been on leave, I have not been checking my district email and since it was over the holidays, I was and I was on leave as well. Again, I wasn't checking my personal email that closely. So, I did not receive that email to my personal email with my own eyes until the 30th. >> Let's see what
013the policy That's when I replied. >> Now, Miss Brooks, do you dispute that you emailed Miss Dr. Hubble on Friday and said you would attend? I do not dispute it. >> When did you receive the email? >> I seen the email January 30th. Okay. And that's when I responded. But upon reflection, that is what made me follow up with the emails that I sent today. It'll be 4 days. >> 4 days. >> As of today postponing it, we won't be within the rules. >> I won't be within the rules with the weather and everything. >> I do too. >> I don't have any objection to that. >> Yeah. I mean, the weather mean >> So, now they did this. When do you want when are you in agreement to have a hearing? >> Do we
014go off the 30th? >> Whatever. And the weather's reasonable. We had bad weather. >> How many days out? >> What's it been? When? What? Um, >> she's out. She's already had four. So, we can do it six or seven. Can we do it the next Monday? >> What date? >> Or the next Tuesday? >> Give another Let's look at the calendar. Let's come up with reasonable date. >> We can do it Monday or Tuesday. We're going to make Monday. >> Monday the reading. >> What Monday is it? We're making up the >> 23rd. No, there's that's a week after that. >> Oh, is it? >> Well, we can do it next Monday. >> Next Monday is going to be the week of >> 1 2 3 4. That puts us right at 6 on the
015sixth day. So, that puts it at 10 days total. >> She's already agreed to four, but I mean, she agrees to this day. That's what I >> was going to January 30 open. >> So, what day is it? >> Uh, next Monday. I'm sure I can be. Is that February 9th or are we talking about February 10th? >> Well, I guess it would be See, I think it's next week. >> Well, is it Tuesday? >> Tuesday. That'd be Tuesday. >> We need to be on our >> February 10th is Tuesday. >> Okay. >> You want to do February the 10th? >> I I can do the 9th or the 10th. >> Okay. >> 10th. >> Are you in agreement on the 10th, Miss Brooks? Miss >> Brooks, is that reason? It should >> it should
016be as long as um I'm provided with the evidence that I reflected in my letter. >> I've given you the uh >> when will I be able to set up an appointment to hear the video? >> That is up to Dr. Hubble. Um and that's just that we don't distribute copies of video. Yeah. But you are certainly able to come >> motion to continue Mrs. Brooks hearing until >> I make a motion to postpone the hearing till what date? >> February 10th. February 10th at 6:00. >> What time, brother? >> What time? >> 6:00. >> 6 p.m. by M. Patricia Car Lewis. All in favor say I. >> I. Close. Postpone until February the 10th at 6:00 p.m. >> You can come up here anytime tomorrow and see them. We'll set you up right here
017at this table. Black.