001testing testing one two three. Please stand by. welcome to today's special school board meeting. The special school board meeting of broward school board florida is now called to order. Please notice the marked emergency exits. Once the room reaches capacity, attendees will be directed to the overflow area. Exit the room calmly, continue outside of the building and continue to stay until cleared to return. Please stand for the "pledge of allegiance" to the united states of america. I pledge allegiance to 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. As we begin we, we remain commitment to sustaining this achievement. Our theme this year, believe achieve one broward. 1020 and board will review the as presentds by the superintendent.
002In the absence of a vice chair, I would like to name MS. Debra nixon as the vice chair, do you accept? yes. thank you. before we get to today's agenda, the superintendent has squd an opportunity to address the board. thank you, members of the board and members of the public. In keeping to the citizens of broward county. I want to emphasize that all staff members, and I myself, are fully accountable to the citizens of broward county and also this board. This means that every action taken is guided by a sense of duty and transparency. You recognize that the trust placed in us, willingness to acknowledge and address challenges as they arise. Our staff understand the importance maintaining public confidence and open communication. As a leader of this organization, I hold niz self to the highest
003standards of accountability. I'm ded kaided to ensuring and we uphold our commitment to serving in their best interest. This folt sters where accountability is not only expected but embraced improvement and responsible stewardship. Every response to the concerns raised by regarding rfq, I have directed human resource to see initial a formal investigation applicable staff members mainly executive leaders have been reassigned during the investigation. Hr will conduct interviews and past decision-making to ensure accountability. I've asked hr to proceed with this investigation as swiftly as possible without compromising the integrity of the process. I also want a opportunity to express my appreciation board to the guidance. Often acknowledge that feedback is a gift. I acknowledge our challenges and also our mistakes. While we're making efforts to improve our processes, operational errors have happened. My commit sment tone sure
004accountability by staff including myself and continually enhance our systems to guarantee transparency, compliance and on going progress. B.C. Ps has maintained a a-rating, status and for 7th consecutive year eliminate approximated all d and f schools. Such as enrollment, funding changes and financial realities to require us to adjust how reoperate. As outlined in yesterday's memo, we're moving towards change towards operational discipline guided by five main priorities. Student success, we're to safeguard our a-rated and expand access to advance learning opportunities ensuring sustained improvement. Redefining B.C. Ps phase two, finalizing alignment and closures to eliminate inefficiencies and ensure that every school is offering high instruction. Reorganization alignment, we'll complete the new 26-27 school year chart based on enrollment and service needs while prioritizing classrooms and student support service. Budget alignment, we're implementing, stabilizing our fund balance and focusing
005spending on classroom and student support. And also procurement integrity. Accountability and strict en her ant to legal requirement. Before closing, I also want to share a about compensation recommendations for myself. Going forward, I recommend that the referendum supplements for s-math employees be restrict today pay band d and below. This reflects that voter approved funds should prioritize school base and staff who have the most direct impact on students and daily operations. Those roles enhances our ability to maintain personnel, supporting teaching, student safety and essential services, while ensuring that funds remain focused. Of course they amend the structure as it sees fit. In closing together as one broward, we're setting a new standard for public education. One built on transparency and bold action. This is our district. This is our moment and we will move forward with
006unity, strength and absolute commitment to the children and families that we serve every day here in broward county and broward county schools. Chair:, I have a follow-up question. Can the superintendent disclose what titles the investigation is. right now, thank you MS. Thompson. Hr is investigating our coo and executive director in procurement and a couple other roles in pro xaourment, as well. -- procurement, as well. thank you. the superintendent released a revised and published it on the school website. Pursuant to section 120.525 that good cause exist for such changes. Maze I have a motion and a second to close the agenda. moved. moved by DR. Zeman, seconded by MS. Thompson. The agenda is now closed. MAY I have a motion and a second on item 1, correct supplements for administrative employees. so moved. moved by DR.
007Zeman, seconded by MS. Hixon. Move item 1 to the floor. Are there any public comment? yes, MADAM, there are four public speakers. Speaker: good morning, DR. Nathalie linn walsh, happy new year, and happy three kings day. You're suppose to have frankencense and myrrh, and gold, I'll let my words act as myrrh today. I sent you guys an email and unlike staff, I bring my receipts and put together schedules. So just to review, general powers of the district school superintendent and advise council and recommend to the school board. Advising council, this is from florida statute 1001.5, duties and responsibility of the district school superintendent, should perform all task necessary to make sound recommendation and so on and so forth. You also have school board policy, standards of ethical conduct. School board policy, anti fwraud policy. Florida
008statute, and then there is the concept of fraud bio mission. Because I've -- by omission. Because all of things I've seen. The fraud by omission, because it checks all the box that's was visited ponl the school board and remember all recommendation right side coming from your superintendent, so, in 2023, AUGUST 29 th, there was language that restricted on band d and below. By some magic, there is nothing in writing that said that changed. And then you approved on MAY 21, 2024, a 2.6 one time bonus. You know what happened on the s-mam scheduleds, the language disappeared, it's like if they were testing the waters to see if anyone would say, hey, what is missing from this schedule. So I tried to make it clear, and then we have question marks where the language disappears. So
009then by JULY 30th, having tested whether you guys would notice that something you have not seen since AUGUST of 23 was now missing. And it's not in the executive summary anywhere, then you approved, the a map schedule, for the school year, and staff is claiming that you guys approved and implying knowingly, if it's not disclosed anywhere, this is not a scidner's error, this was not an honest mistake, this was deliberately omitted and something you did not approve. Thank you. next speaker, peter tingeum. Speaker: MADAM Chair, elected school board member, my name is pete, executive director of s-map in which this item relates to. Is would like to do a little bit of history about the referendum dollars. The first referendum dollars no money was allocated, none. The only two groups omitted for the school board
010and smam and during those years, they flat lined while the other districts improved over us. There was a chart given to you back in those days. And that happened because of the language and the way ititas itten. T,t, after negotiationswiwi coecective gar begin agreements, every other employee in the district received a similar sum in dollars as to the referendum dollars but that money came from the general fund. And that money was approved. We had one employee who transferred into a tsp position and received an over 3000 dollar raise because for those three years nothing was included for smab. When with the second came around u the language was changed and it was eligible for all employees to receive referendum dollars. And at that point in time, smab was negotiating at the table, we don't negotiate,
011we meet and confer and at the time it was approved for employees to receive smab and for the first year it excluded about 40 students. After that point and time, it came up again, as DR. Walsh alluded to, it included everyone and that was passed for three additional years. And that motion has passed, that money has been paid for the past six months to all of those employees. To make a change at this point in time, I would seriously question whether that's legal after you've done that and paid that money out? And I think it would be reneging on that promise which was given at that point in time. And I would like to point out that many of these salaries are not subject to snab, they happened between the chief auditor and legal council
012and other people. And I respectfully request that you look at this, I don't think it's legal for you to change this at this point in time. And I also think it will be much beder to look at big ticket items such as legal consultant and insurance. Thank you. Speaker: our next speaker is terry followed by PRESIDENT, ana fussco. Speaker: she was told she couldn't sign up. I'm terry, I wanted to donate my time to ana fusco. we no longer donate time. Policy change, so if you would like to speak. Speaker: I'm speaking now. That's not a great idea in all the history so I would like you to rethink that because we've always been able to give time to the people who are the most concise and knowledgeable speakers on a topic. I've given my
013time to people. please give time -- speak to the item. Speaker: you guys are now want to go change how the money is distributed and this, well nora is the only one here from back in the day when we first decided on the referendum and how that was going to be split. And why we need it. They didn't know how to give teachers a raise, same thing happened when I got cut from my steps. So this idea came with the board and with the community for the teachers. Who knocked on the doors to get that? I did? Ana did. They love their teachers. So we had to referendum passed and it was such a good idea, that miami and palm beach decided to do the same thing and they asked for more money and guess
014what, they kept it within only the teachers which is what the community actually wanted. We allowed to be shared for a certain portion. But this whole business of let's share it with people. That's a new thing that somebody came up with, and it was not you guys. But some people who are sitting here who tell you that that's how things were done. That's not how things are done. It's not what I knocked on doors for. It's not what people voted for. When I looked at people's eyes, I said, it's for teachers, it's for people in the classroom. So I do not appreciate when the board or the county does not know how to manage their money and start using their money for other things and say, we can just bank on the referendum, no sir,
015no ma'am. you don't just get to use it when other people need a razor say we need this pot of money. We got that pot of money for the county and the community agreed for a reason and the reason was for the teachers. So as soon as you start changing what you're going to do with it, you're doing something that is not right. Who is telling you to do this. It's not the people that knocked on the doors. our next speaker is PRESIDENT Ana fusco. Speaker: I'll end it. I'll put the exclamation point. Speaker: my name is DR. Trudy travanvich, I'm appalled that staff has directed funds to the highest earners. I said school based. Teachers received moneys through the regular bargaining process and if there were funds left over, the money was to be
016again distributed to teachers. In other words, you took money away from teachers by doing this. Through the bargaining agreement. When money is stiffened off and given to those making more than $100,000 a year, it's just not fair. It is unthinkable that the district staff misinterpreted the will of the board and allowed so many highly paid individuals to reap a wind fall that was suppose to go mainly to teachers. I believe that the board must do all it can to write this wrong. And that they, this MAY mean that some staff members need to be changed or terminated. this is not the only time changes were kept from the board and became the cause of wasted time and resources. I've been a part of the chaotic meetings held to modify policy, which were often left until
017the very last minute, like the one you removed today. The if fiasco like clear backpacks. A comprehensive program staff stated it didn't matter how late it was approved because that's when schools implemented them. It's nice when they tell the schools when they're going to implement it in the middle of testing. You know I'm passionate about that topic. Middle and high school teachers said that was incorrect and they wish to implement the program earlier in the year but they were forwarded by upper level administrators. Upper-level administrators are telling them they must do these test when they don't legally have to do them. They do not have to do all of these additional tests. And you should give the teachers the right to choose. They're only a few instances where upper-level administrators were not following the will
018of the board or these are only a few. I hope you can rectify this situation. Speaker: so good amonger, teacher PRESIDENT, ana fussco. Scott travis uncovered something, I have to agree with him. I'm concerned how it's being put out there to the public that it MAY ruin it for the next time we go out there. You don't need a history lesson it. It was clear the first referendum always safety and security, and mental health and to go to the educators and support staff that are meeting the needs of the children and students to help offset their salaries. We know there is been a large struggle throughout our legislative government on getting money to our public schools. Every superintendent has come forward and through in our previous boards of making sure that our teachers and our
019support staff get a raise. This year we've been told, you directed, no raise, zero, and to come in and have us pay into our insurance premiums and hefty payments no less. Then we hear this h I need to you hair me clearly, you said to have directed, I don't want to believe that. All I hear from you is that we want you to get a raise, we're frying to find the money. Then I hear that it's playing in the back of employees because of scheduling and personalization courses and extra periods they're doing the work. They made the school district an a. Then we get our top people getting the large amount of increases more than any educator, $15 wage earners, our ones that hold guns that are protecting us. And when I get calls to
020this group, they cannot direct their principals. Why do you have them? How many times do I have to say it. You want to start an easy 10 million, start there. I'm not going to stop from saying it. I'm not blaming the board for in mistake, but you need to wake up when I come up here and say it over and over and over you got a select group of staff that all they do is feed you bs. I talked to almost everyone of you yesterday and I think we got an understanding that you're seeing what I'm saying. I have never lied, I have never made a mistake, purposeful, I can be ass and I own it integrity. This is a large mistake and it needs to be fixed. Our public needs staff and they know
021that they need to be paid better. We know there is a struggle happening from tallahassee and you're not the fault and I'm not faulting you now. But you need to take action on the ones that you're at fault. that concludes comments. please maintain decorium in the audience. Okay, since I brought this item, I'll start. I cannot stay emphatically enough how important this referendum is to our schools. Our teachers, our principals and a Ps, the people who have direct impacts on our kids benefit immensely from this referendum and the voters knew that when they entrusted us us with this money. I urge my colleagues to keep this in mind during our discussion. We have to go back out in less than a year to ask voters to support our schools once again and it is what
022they hear from us that will help them decide if neck continue to trust us to deliver for our students. These last few weeks, have been really noisy. And if we focus on sound bites and finger pointing and whose head we're going to have next, our kids will suffer. It is incumbent on us, as a board to cut through that noise and do the work. We need to set the tone to be the adults in the room. And work with the superintendent and staff to solve our problems. The superintendent sent a memo last week with his solution. This board has spoken in unison about our expectations with in superintendent and this district being accountability and transparency and those should be our guiding principal as we move forward today. So that's what I'm here to do today
023with in item. I have some questions and then some motions I will make. DR. Hepburn in 2023 when we were discussing the s map, why did we settle for supplements for employees band d and below? so I'll base my recreation on watching the meeting, I was not here then. But based on the what I watched w the top earners were not receiving the supplement and to focus on -- please, can I have decorium in the audience. so focus on employees and frontline staff and pay band d and below are mostly your directors and below an assistant. I'm wondering if anyone who was here who worked in that department could provide more detail why we settled on band d. is MR. As ri to in the room? If you were here then? Speaker: good morning, david
024azzarito. So with some of our labor groups, our TSPs for instance, some of them are earning over six figures. I believe that was the reason to stop at pay band d, because some of our employees make some as our directors. I think that's why we started that level down. thank you. Did the board at any time, give any direction to include pay band d, above band d? not for myself and not as I can recall. MR. Azzarito, you were chief at the time. so in the period of time between AUGUST of 2023 when we voted on the original item, and JULY 30th of 2024, did the board give any direction that we wanted give pay bands? not that I can recall. so I'm going to move to superintendent to investigate and implement corrective measures ensure
025shah board directives are not over written by staff in the future. second. moved by MS. Leonardi, seconded by DR. Zeman. Public comment on the motion? Speaker: DR. Nathalie linn walsh. So it's 2026, and we should be learning lessons. One thing that I will not tolerate is gaslighting. So as one of the adults in the room, I'm going to he rit rate a lesson you should have learned in 2025, the fox cannot go out and check on why the chickens are dead! They can nl. All recommendations that you act on, they told the sun sentinel that board action is what gave es and t the raises and board action can only come from the superintendent. MADAM Chair, there is no saving your superintendent, worry about yourself not about him. He made these decisions, he brought these
026recommendations. So no, it should go to the ig. Refer it. any other board member comment? Speaker: terry lopez-price. I forgot to say happy new year and thank you for all you do, but I'm saying it now. I was there when this happened and I remember, we had no idea why everybody from pay band d under was getting the money. Broward teacher union was the major mover in getting the referendum along with our board memebers at the time were not expecting that and not in agreement to that at that time. So I'm not even sure why that happened. But if that is the only thing that is in writing, then yes, you have to question what is going on. And how does this come to the board to make you guys look like you're doing it?
027And as I said last week, you're getting information from other people na is leading -- and lies at worse. thank you, any other public comment. Speaker: DR. Trudy travich. I wanted to point out that this is a lesson learned. You do have a bond issue coming up. If you want to give those people that makeover $100,000 for what ever reason, part of that bond issue, I guarantee it will not pass. So please think about what you're doing and put school base only. And I don't care you can say, they makeover, it's amaze thating TSPs make more than teachers, double what most teachers make, so let's think about all of those things. Leave it to teachers and school staff. Thank you. any other public comment on the motion? The motion is on investigation. Speaker: okay, ana
028fussco. I think you should take the superintendent out of it, he does not like to get into investigation and put his mitts into it. So you should go right to the inspect or general, let's do it. That's why there is no problems and he can not be charged or I mplicated. Why do we have him? Did we not vote to have this piece in our broward schools when we need investigations. So I'm asking you to somebody amend the motion and have the inspector general do it. Let's do that. That way it keeps howard hepburn's hands out of it. the superintendent runs the agenda, he moves the agenda, right? So I'm asking somebody to step up and amend it. any other public comment on the motion? I would like to speak briefly on the motion and
029then go to board member comment. I, struggled with with I'm sure this will come up and I think this board will assess this out who should do the investigation. I reason I landed on the superintendent and his staff, in whatever he sees fit to do the investigation is because this is not a new issue. This is happened under a multiple different superintendents, multiple different boards where staff has done something contrary to board direction. Or without board direction. My motion was to direct the superintendent but we can come up with a solution moving forward. MS. Hixon. thank you, and thank you for the motion. I, I don't necessarily disagree with sending it to the ig. The problem with that is they pick and choose what they investigate and we can send it there and we're still
030waiting on something that we sent over a year ago that they didn't, we don't even know if they're investigating it or not. So there is an issue sending it to the ig because we would like to have answers quickly. I would like to make an alternate suggestion to have is the auditor because they work separately for us. to have the auditor to do an initial investigation. We can send to the ig as well but to know that somebody is working on it immediately, the auditor can at least flush out some of that information and we can move forward from there. But it does make sense to take the superintendent out of it because we are asking about something that the superintendent MAY have done. so a substitute motion to have the auditor investigate, would you
031like to keep the same language I included? I would say, send it to the ig, to do both. so have the auditor and ig investigate the circumstances in which the item was presented contrary to board direction ensuring that board directives were not written by staff in the future. Seconded by MS. Rupert. Public comment on the motion? Speaker: DR. Nathalie lynch-walsh, plantation motion. Thank you MS. Hixon, because it obviously it needs to be independent of the superintendent and I totally understand the frustration of waiting for the ig, somebody needs to light a fire over there. I don't know if the state attorney office could also be looking. Fraud bio mission is by omission. Your chief auditor could not put people under oath. And there are people that need to be interrogated until they squeal on who
032omitted this language. That's just where we are. and again recommendations come from the superintendent. So it must be independent of the superintendent, the chief auditor does not report to the superintendent. So I support the motion and I hope the ig is listening. thank you, any additional public comment? Speaker: terry prois, we're getting closer, thank you very much. I appreciate it very much. Just something that I keep on saying, because I've been here for so long, the people who sit on the dais, rotate. People who sit other places, they're not rotating. So you guys need to look na. -- look into that. I don't want to throw anybody under the bus but I've been asking more than ten years. You want to find out the liar, let's get somebody in the room all of us and
033nobody has been willing to do that. Nobody has been willing to get everybody in the room to find out who the liar is, who is telling who what? So hopefully this will be a very big awakening, and I thank you all of you. thank you, any other public comment? Speaker: ana fussco. I respect your sentiment, MS. Hixon. I would like to get it done right. We've sat in multiple meetings, about investigations not being done correctly. I'm dealing with a major one right now that I want to bring to your attention after this debacle is done about what some of our teams are doing on how they choose and pick to investigate, notice people, question, people, question certain people, not question certain -- not even asking the accused. I know you all have superior intelligence and
034I know you're all great people. Is know we all have flaws, and you want to do the right thing. And you're doing the right thing, just different flavors. thank you, any other public speakers. Board discussion? DR. Zeman. thank you, if we can make sure that this is motion is about the broward ig and not any other ig, is that correct? correct. terrific, it's important a lot of IGs and some operate and have different skill sets on their staff. The broward ig is glacier focus on abuse. We have one superior option with the chief auditor. Largely because the amount that he's remaining with with us spent years working with an organization. So when it gets to issues about culture and ethics and morality even, we have a great single candidate. I would support, chief auditor review
035largely because of their background in the inspect or general world because of their service on the cma or solicitation work. And I think the public wants something quick. I think the public wants to know what happened with this. I recommend, I commend the chair for being very direct and clear about the expectations that she has. And I think this board member at least chairs them. So I, I just am seeking just a little bit more clarity. If in fact, the chief auditor and staff does this investigation and they come back and give us a complete ver, is the intent also send this to the broward county inspect or general? yes, but to also send it to the ig. I don't just want to rely on the ig. I think we would have a quicker turn
036around. And I don't have an issue with just the auditor, I just think for public interest, they would like to see somebody also outside of the district look into the expect. I appreciate that. But I think our chief auditor is outside of the superintendent supervision. He works for the school board. he skill works with the school board. I'm with you. I'm not opposed to the motion, I jufpt don't feel like duplicating the person is going to be consistent with our own standards. I would rather go to the chief auditor to get the report. I hope he can do something like that again. Is that fair? that would be the maker of the motion that was my nint. terrific, and I think she carried forward your language. So if it was your intent to do this,
037that MAY be faster than one looking at the entire process that lasted nine months. So I'm not opposed to the motion. I just, I just am really looking to the chief auditor's report, because of their experience as an inspect or general staff member and because of the very proud service he did recently on another investigation. Thanks, chair. MS. Thompson. I just wanted to clarify, can you reread the motion? slowly. it was to move to direct the chief auditor and refer this item to the broward oig to investigate the circumstances under which an item was presented contrary to board direction and ensuring that board directives are not over written by staff in the future. sending it forward to the broward oig, the chief auditor can't implement changes. that's why my motion was to direct the superintendent.
038does a-line need to be added that the then the superintendent makes recommendations or how do we move forward? MS. Hixon? so I think the chief auditor if I'm not mistaken has given recommendations on how you can improve the system. So if you left it, the way it was, it wouldn't be to implement changes but maybe suggest that the superintendent would then implement. Or the board would look at them first. So then potentially provide suggestions? yeah. thank you. MR. Cervera. I'm going to reserve my comments until after the motion is voted on. okay, any other comments on the motion. MS. Alhadeff. yes, I would like to have the auditor to speak on this in the timing to execute this. yes, ma'am. Mark magly executive director of audits. Relative to a lot that has been going on,
039the timeline on the last one, we worked as fast as we can among the holidays and resources for our normal flow of activities. Relative to both discussions and I will not speak on the behalf of the inspect or general but I have a background on that as well. Time does play into that. Relative to our current, we have the audit plan which we're still trying to execute on a daily basis, our regulatory things and compliance audits that we have to complete. So we're limited to do investigation to see a agree. I don't know if that answers your question, we have obviously, you have an approved audit plan. no it does not really answer my question. So as far as the timing and executing this, with your current audit plan, do you foresee you being being
040integrate and execute this in a timely manner? is mean, I would not know what your representation of timely is, we can get it in a matter of weeks as DR. Zeman had indicated. okay. but I would also have to confer with the chief auditor about what our schedule is. okay, thank you. DR. Zeman? thank you so much, chair. Procedural matter, thank you. First day on the job, sorry. MS. Thompson had a suggested modification, I'm just, did that get accepted is that the one? MS. Hixon? yes, I accept that to the motion. terrific, and just so we're all clear on the motion, MS. Leonardi can you read it one more time. to direct chief auditor and to refer the matter to the broward oig to investigate the circumstances under which an item was presented to the
041contrary to board direction and recommend corrective measures to the board. thank you, I support this. MS. Rupert? thank you. I actually have a question for the important. -- attorney. When would it be proper to actually send this off to the ag? Auditor general? State auditor general? to the state? yeah, state. I'm going to have to look into that, I'm not sure if there is any timing requirement or prerequisites, at the top of my head, I cannot tell you that. the reason I ask is because I've seen this before, too many times and there is a lot of promises made and then nothing happens, and it goes back to business as it was before. So I wholeheartedly support this this going to our auditor, I have full confidence in our auditing department very much so. And
042where would we be right now if they were not brave enough to tell the truth and do the investigation and follow through. That took a lot of gumption and yes, it's their job but if your job is suddenly a hotseat it gets difficult to sit there but that's what we have to do. That is it for my sper respective. I don't think this is going to be different. And I don't think it is enough. I do appreciate that we're taking it away from the pursue and going through the other steps first, because na would be from my perspective inappropriate to do if we let the superintendent to direct. I'll say more after the amendment goes through. DR. Holness, I know your hand is up, to speak on the substitute motion or item as a whole?
043thank you, MADAM Chair, can you hear me clearly? yes. thank you, I just want to ask some questions and then I MAY have additional questions on the original items. we're still in the substitute motion. correct, yes. I'll address the substitute motion, and thank you for board member hixon for your substitute. I just wanted to find out from the superintendent from the sake of the public, do you believe that in reference to the referendum supplements that it was carried out contrary to board direction? thanks for ththe quesestiondr.. Lnlns.S. I start today domy own review just to look at historical stuff. To figure out we're at the place where we're right now. so DR. Hepburn, what did you tunds the board direction to be? so from the there is a sequence of meeting starting from I guess
0442022 of expansion of the referendum due to the millage rate going up then to 2023 and putting a guard rails and making sure pay band d goes down and then we get into 2024, of how we are here where we are which is all employees. I have to do more research to find out in between 2023 and 2024 were there discussion to see bring the item as such for a vote on JULY 2024. okay, so was your understanding on 2024 that the board directed you and staff to include band d and above, non school base employees? repeat that question, DR. Holness. okay, so you mentioned 2024, was your understanding in 2024, that school board direction was to include band d and above, none school base employee in this referendum supplements? if the board's, so the
045only thing that I can speak to in 2024 is there is the item and the outcome of the item. I don't know prior to that if there was specific board direction in the latter part of 2023 that ultimately got us to where we are in 2024. Like I said I'm doing my own review as well just to figure out where we are at my point. understand. MADAM Chair, I have a question for legal and then I'm done with MS. Hixon's motion. One person spoke to legal concerns can legal speak to that this motion as well as the item? Are there any legal concerns to revising the referendum supplements to not included band d and above non school base employees? so I think your question goes back to the main motion. Would you like me to
046answer it now. should we wait? is would like to wait for the main item, yeah. no problem, so you can come back to me for that question. Thank you so much. MR. Cervera. so my understanding seems to be on the substitute motion that we're all debating that the chief auditor is going to partake in some kind of investigation to determine essentially what went wrong here if anything. As you'll hear later, quite a few things went wrong with all of this. In reviewing some of the data, apparently our chief auditor, received some of the supplemental money and in all honesty, he received quite a bit of the supplemental money. I have a question to our general counsel in doing an investigation when he in fact has partake en in the distribution of these monies? I think
047it raises an interesting point. I think I need an answer on that. Is that an ethical conflict as to whether or not in auditor can do this, when he received 10, 725 in supplemental funds last year if the data I'm relying on correct. I'm 100 percent in favor of this going to the ig's office. I agree there is been issues with timing. I don't imagine it's going to get better but they're the proper office for this. I do respectfully, I do need an answer whether in presses any ethical conflicts before we decide if we can send this to him. is would say yes. thank you for that. MS. Bulman? thanks chair, I guess that was an interesting issue that MR. Cervera brought up. I, you know, in terms of a conflict was in an affirmative
048step. And I couldn't, if it's him certainly, I wouldn't want to take out a way to quickly investigate. So when we all acknowledge that we have a time issue with the broward inspect or general which I also support sending it to but I would not want to limit our ability to immediately act on this. I think that's very important to the district and so, I'm willing to take the chance of having a conflict with the general because he didn't make any decision like if this is a benefit passively just like a lot of other people did. And I welcome my colleagues thoughts on that. And I also think, I don't know if we nailed this done, but because of the importance of this, because of the fact that we do, rely on these referendums funds
049and we will have to put this back out to the public again, I think we really need a time line for the auditor general to return a report for us. The chief auditor? , I think they did, I think they turned it around in about three weeks last time. I mean, this is an afternoon how much has been spent in every school. This is got to take convenience and we need, is it possible that we can get this turned around in two or three weeks? I mean the magnitude, I could not explain. We don't pull off anybody else from other projects but as far as the work, I cannot put a definitive timeline. We took it as far as we could under the time constraint. We can meet a deadline but it's dependent on things
050that we discover along the way also. perhaps we can do an initial audit and then, you know, set a time line and then come back and see what if we need to extend the time or you know, direct you at that point of what to further investigate. I would like to see this come back as soon as possible. So three weeks a month? Within a month? is there an objection to this coming back in three weeks? no objection. okay. Should we add that to the motion? I think that can be an understatement, we've added a lot to the motion. I just want to have my part on it. so that's my comment, thank you. thank you. I just want to add to that, I don't want to leave it out there that there is something
051wrong did I the auditor, it was a passive thing that a was approved in JULY by the board. So I think I just want to say that, there is a potential, I know the auditor has contracts with outside entities that do audit functions. I don't know if that's part of the contract as a middle ground. I want to remind everyone what the substitute motion is. It was not to determine whether or not pbnd and above receive the supplements. They're investigating why something was brought to the board that was contrary to the board direction. They're investigating that process. The chief auditor was not part of the decision of putting this on the agenda. That are brought to the board, that is what the investigation would be into. MS. Hixon? thank you, I was going to point
052that out also. Just, anyone in the district, every single person except for somebody on the board received some money from the rougher dumb this last year. And I do remember not agreeing but the discussion happening here in JULY and there were board memebers that were adamant about it. I don't think it is important to find out how it got there so we can be transparent and we'll find that it was not as nefarious as it seems to be. I don't think there is any ethical issue with the auditor or their staff because everyone in the staff also received some of that money to do just look into the process, it has nothing to do with whether ne took the money or didn't take the money it was how the item got to the board. Like
053I said, leave the inspector general, because the auditor is going do give us information that we can take action now and if there is more that things that happened, we can get na from the ig. I don't think there is anything wrong with having both of them doing it. And I would not question the auditor, he did not ask for that, it became part of what everybody received. any other board comment? MR. Cervera. by the way for the record, I'm not against sending it to the auditor. What I was asking for is whether there is aneth ral conflict and the answer is yes, I cannot support anything that is going so set up a -- apparently the number that I gave initially, it's 13, 576.76 last year, I'm not suggesting that anything is going to
054happen. i just need to know whether or not this is a conflict. If it is, I cannot vote for anything that is will be a conflict. I need for a lack of a better terms, legal opinion because if you believe this is a conflict, because if it is I cannot support. given the restatement of the motion that the board is considering right now and given the limited investigation that he's doing, I don't think that he would have one. Yeah. any other board comment? All in favor of the substitute motion say aye. aye. all opposed say no. Motion pass approximates unanimously with DR. Holness online. I have some additional questions before we move on. How long have the board's direct reports been eligible for and/or receiving supplements? Has it been since 2023? 2024? the board direct
055reports? From my understanding, the reports are eligible for anything that other administrators received as as far as raises, bonuses, whatever the case MAY be and so that's written into the contracts. yeah, I understand that. But how long, so we, we initially voted on referendum supplements for as mab, some are employees in AUGUST of 2023. Did the board direct reports start receiving that specific supplement in 2023 or after the vote in JULY in 2024? that's a negative affirmative for a board action in 24. Go ahead, if you have something different. I believe I understand the question, 2324, as the supe stated. Maybe this is a question for legal, I don't know how that transpires as it directs to the reports. I don't know if the d and below would ex clue necessarily your direct reports. right,
056so I'm wondering if somebody from hr can clarify when the direct reports started receiving the supplement? so best of my knowledge, I believe they didn't start receiving it until the board voted for three years for the 24-25, 25-26 and 26-27, I believe that's when the reports were eligible but the superintendent did not elect to receive those payments. so they only became eligible after the vote. again, I think that's a question for legal. I don't know if the disqualifer of above pay band d would disqualify. MS. Moore, can you opine? so the language in the contract does say that, each legal contract that we have has language that says we're going to receive the same increases that other non bargain units will receive. We are not tied to a salary band but we're tied to a
057set salary that is determined by the contract. So I think that's something that you should be aware of. there is separate contracts for legal department. not just the legal department. yeah, the direct reports as well. yeah. So this opens up the whole can of questions that we have. So were they were receiving the supplements in 2023? before, and I can't remember the year that the contracts were amended where the language was included that it would be the same by other people by operation by minute ministerial operations so it was to get what the other non bargain unions received. go ahead. if you want to move on to the other question, we can do the research, it's going to take us a minute to see. I don't believe it was the 23-24 but we need to
058verify. I guess my question is is that just because a mistake or because the contracts started to come to us differently. I don't know if the increases came from referendum dollars, so I guess that's a different question for staff to answer. I believe they were from a different source. I was speaking specifically about the referendum supplements. I believe everybody gets compensation in their contract. so for referendum, I don't believe it was before 2024. I believe it's in line with what the action was and what is in the contracts. okay, so if you can do some research and help me understand. they're going to check right now when the referendum checks started for legal. Just to confirm. okay, so my next question is for legal, so in JULY of 2024, we voted to extend the s
059map for three years like other employee groups. And some questions were raised by representation today, by the legality of doing that. How do we go back to the what the board voted on in 2023 excluding band d, and making did so that the highest paid employees, are not receiving this supplelent, how do we do th? Isthth rough brgigingback that item from JULY 30th, 2024? Or can we do a motion on this item? so if I'm understanding the question, are you looking at a path forward? I'm looking at the path forward. so right now the latest thing that the board approved is three years at 5 percent for copa bp a a and smap. So you can do a motion to attend whatever the prior motion was. To figure out your path timeline. That would be
060my recommendation. can we do that through a motion or do we need to bring that item from JULY of 2024. I recommend bringing back the item. okay, so if we were able, if I open up the agenda, would we be able to bring that today? I think that approach MAY be stickier because that was not on the items for today's agenda but you did notice that the discussion would be taking place today on the matter. So, I would say -- what would be your motion. I think I need to understand what you would propose? so it would be to amend the s-map supplements moving, I think it would be for the 2025-26 school year and then the 26-27 school year. To amend to include only pay band d and below. so we're midway in the
0612026 school year and there are contracts that are in the works that have that language in there that says they're going to get the same. I think, it's going to be harder to like structure it mid-stream. I don't know if staff is able to figure out what is left on payments? I don't know. But I know that there are one-year contracts that expire in JUNE. So if you were to structure it to include this current school year, it MAY get stickier, maybe staff can speak to how to do that. whether or not it's sticky or possible is my question. If it's possible, I want to do it starting today. so here's the rub, the language in the contract says, that let me just pull it. So it's similar to the language in the general counsel's
062contract that is coming before the board today. Essentially says that during each term of the agreement, the compensation shall be increased by the percentage of increase provided to other 12-month employee of the board. If you keep that as is, you're going to have some 12-month employees that are getting the increase because they're below the band and you'll have others that are above the band that are not. So you're going to have contract language that is going to be difficult to apply because both scenarios would exist. There will be some that get 12-month increase and some that do not. The contract language would still indicate that it might be applicable. so then do we need to bring back all those contracts? I mean, who's contracts? I mean you have all the direct contracts, you have the
063attorneys contracts. that's what I'm talking about, which brings me back in 2023, when we voted on these, were all of these employees getting the money or were they not? We've been told two different stories, right. That the direct reports -- let's keep it simple for the direct reports. We've been told that the direct reports were not getting this money in after the vote in AUGUST of 23, because it excluded paid band d. But now we're being told that that language is in conflict with the item. So why was not in conflict back then? But it is in conflict now? I don't think it would be because you didn't. You didn't have that broader language, you didn't have the broader implication until 2024. So you expanded it in 2024. In 2023, you had specifications around who
064got it. how do we put those specifications back into place? I guess, we would need the answer whether it was paid on referendum prior to 2024, I don't think it was paid under referendum. MR. Sullivan. I confirmed with hr, in 2023 and 2024 when tiffs limit today pay band d and below. The social counsel attorneys did get it and the thought process there was pretty many in line with the compensation of directors but the gc or deputy did not receive it in the 23-24. there we go. thank you, repeat that, the first part. sure so the 2023-2024, when it was limited to pay band d or below, the social general counsel did get it because their compensation is in line with the directors but the gc and directive did not receive the supplements until the
06524-25 school year. and that's because most of the office fell below the salary band. okay. So it would just be to go back to the pay band d. correct. so then, I go to back my original question, do I need back I the item or do we do as a motion. I believe you can do a motion on this item. I just want to make sure and I don't know the numbers of my colleagues, I don't know if everyone falls under pay band d, that's the ultimate. all right, so I move to amend the smab agreements starting today, moving forward the 25-26 and 26-27 to be for pay band d and below as we voted in AUGUST of 2023. second. moved by MS. Leonardi seconded by DR. Zeman, public comment on the motion? before you
066take public comment are you talking to smab copa. that was not in the bpa items. Right the pay band d was not in bpa. no. thank you for that clarification. Speaker: DR. Nathalie lynch-walsh, plantation florida. I support the motion and I wanted to clarify on the motion, there is been talk that you approved expanding from pay band d to everybody. That is not in writing, that is not in discussion. So what you're doing is returning it to the way it should be and I'm not understanding the concerns because I have a feeling that if MR. Tingeum comes up, I never said that you approved it. You never approved expanding above pay band d. You have to know what you're approving, and if you don't know, then how could there be a legal concern if there
067is a potential for fraud in how it was implemented to begin with? But I support the motion and I supported stopping today and then you need to address the very vague language in all of your counsel office contracts. any other public comment on the item? Speaker: pete tingeum executive director. I want to point out a couple of things which I think needs to be said. First of all I want to make the board know that if the money paid to these employees was distributed among the entire school board eligible employees, it would amount to less than a dollar a month. It's not a big ticket item in that respect. The other item that this board has consistently with the chief auditor, the general counsel, and other people, and as they do that, we've had to
068expand the pay schedule to include, we went from e which was executive, then we put in s and now we put in t all those things because the board had wanted pay more money to. It is also been very consistent that leave the district and come back and outside hire is compensated more. thank you. I want you to remember that and I don't think you can renege on the promise you made back when and by stopping this now, I suggest that there MAY be legal action. Thank you. thank you. Speaker: my name is trudy trovonnvich. I still believe that you should not just a pay band you should have a pay cap. If you did that, then it's fair for everybody including teachers, and I'm not saying, and again I'm not saying principals, because principals
069will makeover the $100,000 or something like that. But to always try to finagle with all of these different groups with Ds and Fs and Ss going on, how are you going to figure this out? any other public comment? yes. terry lopez-price, thank you for all of your work on this, mental work. I just want to say, I appreciate the efforts to go back to what it was which in my opinion should never have been band d and below, but that's a topic for another thing. As far as the contracts and contract language. I just want to make a mention, the contract language to you know getting. We've always negotiated separately. So na shouldn't come into play in my opinion, something to think about for the attorneys, that should not come into play if you're adding
070referendum to the teachers or this band or that band, it's really not the percentage that everyone gets. It should be looked at separately, that's what I gain from negotiations, that's what I see, that's what I perceive. any other public comment. yes. Speaker: ana teacher union PRESIDENT. Again, what nathalie said, you promised when MR. Tingium clarified, you were duped, I don't want to mix words. I'm being very matter of fact today. Look for next year of what you're going forward. And in referendum, is definitely separate, it should be separate from all contracts. Unless you agree to put it in the contracts. And the only groups that have negotiating powers. Now I know you do some individualalities, you've got general counsel coming up after this. So we know that there are some examples, so in favor of
071this motion moving forward and I hope all of are too. any other public comment? Board member discussion? MS. Hixon? thank you. And first, I just think it's important to say, I don't think any of us are trying to say that pay band d and above don't work hard that they don't deserve some recognition but I think what is important here is the public perception. And it isn't a lot of money, turns out to be $300,000 which is a lot of money but not in terms of what our budget is. This is not really about that. This is about what the public voted for and that we have to be sure as a elected official, we are doing what the public expected of us. And the second, I want to be clear in a couple of
072things. The first referendum very much excluded anybody except for people who are in the school. Very intentionally when we went out for the second referendum, the language was changed to be expanded to say staff so we can include the principals and assisted principal that's was the intention of the change and then it turned into, a lot of other people in there and I, I believe as a board member this should be people who touch students. It should be people who directly touch students, that's what the voters voted for. So it's important that we fix the action. And I don't want anyone to think it is, because we don't feel that the upper level management is not deserving of things. It's not just what the voters voted for. So I do have a little concern about
073changing it right now just because, I, I have concern about that, it does not mean na I will not support this. But I definitely want to see it change next year. I also have some questions that I have when we first voted on it. If you're this level, you get in money and that number. And when we had this discussion 5.5 was because it was equitable. If you do the math, this is equitable, 5.5 of $300,000 is higher than 50,000. I don't know if this is the right time or another way to do this. But I do think that it should be fixed for other employees. There should not be anyone getting more money from the referendum than the teachers. That's the way it was voted. I don't have a problem sharing it with the
074groups, but if the highest teacher is getting 10,000, there should not be another person that is getting more than 10,000. i don't know how to structure that but that would bring the transparency and when we go out in the following years, that the voters would understand that we know what ne voted for and that we're bringing that through in the way that they expected it. So I don't know that I'll do another motion right now but I do know na if we're opening this hup, if teachers are getting a fixed rate, based on a scale that was negotiated. I don't know if now is right time but I would like to suggest that we do that today as well. maybe you want to bring that up at the top of the meeting, thz thompson? thank
075you, chair. I have a couple of questions and then just my recollection and obviously I was not on the board but this stemed my colleague. That all employees should get referendum. That's history that we also need to take some accountability that there was a discussion about all employees getting it which would include everybody. I have, I think if we're going to structure this and maybe I'll bring it up if MS. Hixon brings a motion. But limb hitting to people that has students. I want to make sure that we include custodians so they would be district employees if they look at their contract but they're working with our students every day. So I had questions, I also, have concerns about stopping it mid-year. Bu I'm nonot cessarily opposed. Ifif westoppeitit todaday, atat happens with the additional
076money? DR. Hepburn? that's a great question. Currently it's being allocated to the purpose right now. MS. Johnson, would it just be allocated referendums? correct but as you know, we're spending over the allocated budget so it would be offseting that we're spending. It would still be noted as referendum but the impact overall, all the referendum in the general fund is combined. So you've got a combined fund balance and any access be part of the fund balance allocation, but you'll be having an offset, right? Because whatever the general fund over spent is still going to impact your fund balance even though you have a little overage in the referendum. and I understand the financial concerns, I think it will be extremely wrong of us to keep, to take that money away from employees and not give it
077back in some way as determined by the voters. there are still people getting this referendum that MAY be budget their money in a certain way. However that money needs to be directed to the people that we qualify for. So our teachers are under the -- that's the language we're going for. To basically to keep the referendum dollars going to the teachers to pay band d and below. And with the general counsel language, I understand it matches the 12 months, who negotiates, not our general counsel but who negotiates the legal team's contracts that comes before us as well? So then, I think that's the question. I just wanted to clarify. So the motion as to, so we would not be making if. If the motion pass approximates, we would not be making changes to anyone who
078impacts who touches students. So I just want to be clear on that and I know DR. Hepburn wanted to say something. I was going to provide some comment as far as you set a funds, there are other categories that tt referendum supports, mental health, so that money can go for initiative and some of the other areas, supporting what MR. Tangium talked about if you spread it out employees about a dollar a month so maybe it would be able to support other initiative that support students just a comment. all right, MR. Cervera? would you like to go first MS. Rupert? Okay, thank you. Got some things to say that I think are important. Obviously this needs to be corrected and adjusted asap, as in right now, at this meeting, and I hope I have the support
079of my colleagues. This supplemental money should have been used for two categories of employees, teachers and school staff such as administrator, cafeteria workers and bus drivers. The district employees who are onsite or either deal with our kids on a day-to-day basis. This money should never been utilize for anyone that is in one of these categories and certainly not for anyone who works in this building. If you're not interacting with a child on a daily basis, this money should have never been given to you, period full stop. We cannot afford to give our teachers proper raises, yet we want to take this supplemental money away from them and give it to other folks who make a lot more money than some of us sitting up here in the dais. Now I was not on the boateder
080in 2022 when the citizens of broward county voted for this referendum money. However, I can guarantee you that I stood out the station and I asked people coming out, what ne thought they were voting for and they thought the referendum meant. I can guarantee that they would think tht money was going to the teachers or staff. How we got to this point, I don't know. I was not here. But I am here now and I do have a vote. This is another huge misstep for this district. This is another back eye. This is another reason nor this public not to trust us. I'm glad we got the question about the investigation. And I hope those results are substantive and timely. But we need to know how we got this h.Who decided that people making six-figure
081monies were entitled to the referendum money. They have no business receiving these supplemental funds, period. I have teachers in my district who have to wait tables at night just to make ends meet and pay the rent. And I'm sure they could have used the supplemental funds and these funs should have gone to them. This whole fiasco in one word, unacceptable. This needs to be fixed today, not at another workshop or when we get together. This needs to get fixed today. To me, this is a no-brainer. Give the money to the teachers. Give the money to our school base staff. Everyone else should not be entitled to this. Thank you. MS. Rupert. I don't have a problem make thising correction today. I don't have a problem having it affective as today. I have a little bit
082of perspective when if comes to a mistake in your paycheck that you were not suppose to get. A couple of years ago, board mistakenly got paid over a four-month period. We were no et -- notified and we had to pay back the money that had come into our paycheck. I don't know how that mistake happened. But the board was efficient and said, listen, what is going on here? So we did, rectify it that day and we did pay back that money. I'm not saying that we want the money to be paid back. I'm just saying, from this point forward, we need to make that happen for our teachers, our students, our staff, the people who are boots on the ground and that are making a difference in the kids every single day. I'm not saying
083that I don't appreciate everybody in in building I know everybody has their job. But the public spoke, this is what we were suppose to do. I really feel that a, a dot to dot comparison of how we got here needs to happen. And I'm going to fully support this today. And for the public, I'm very sorry this this happen. And no mistake, thank you scott travis, I'm just going to say it t and sun sentinel and chief auditor for bringing things fateder. It MAY not be pretty but there is a purpose for jaourn -- journalism in this country, now more than ever. That's all I've got. DR. Zeman. I want to thank our chair, these discoveries happened in a large organization like this. It's not anything that I want to excuse or abandon. I'm tickled
084at this moition, thank you for bringing in specific one that we're discussing because it's obviously the right thing to do. It fails in comparison to the bigger issue. We allow people to give us half of an answer. We allow people to postpone the inevitable we kick the can and say, that's okay. we do have to think about what our standards have been and make sure that they're 100 percent about integrity and honestly and the like. We'll have corrections to have as well on our own accountability. Like MS. Rupert, I want to apologize. I'm a big fan of other people's money and very serious about allocating that to the greatest needs. We have strategic goals and we don't have enough money with the local and legislative money we don't have enough to satisfy all the needs.
085So we need to be thoughtful how we allocate the monies. And I'm hoping once the dust settles and we stop the pay, once we're back to relatively normal operations. I hope that the board never goes back to kind of being complacent to some extent or overly trusted but making sure that on behalf of all the people that we ask hard questions and demand answers. This is not the first item where we've all of a sudden discovered not everything has been shared with the board. Sometimes it's because after thousands of pages of materials our eyeballs get tired. And we need to have summaries and all the critical things in a way that we can digest them. But I look forward to moving past this. To really implement at accountability measures. We own some and supe zones
086some. That's we're today. call the question. second. there is been a quaul to question. All in favor of calling the question, say aye. all opposed say no. one descenting vote. So we're going to call the question. All in favor say aye. the motion was to end the referendum supplements for smab pay band d and above pay band d to revert to the language of 2023, so it should be only receiving the supplement all in favor say aye. aye. all opposed say no. Motion passes unanimously. I have one more motion to make. I move to direct the superintendent and general counsel and chief auditor's offices to bring back any contracts for any employees or positions that are above pay band d, to not include any referendum supplement. second. moved by MS. Liard' second by MS. Rupert.
087Public comment? if I MAY? MR. Sullivan. if you want to consider that their pay is aligned to pay band d as those direct reports are not a pay band. okay, so we'll, my motion is not on the direct report because we determined that. that's how I understood, that anybody to have negotiated contracts, for me that I have no individuals be me that have negotiated contracts. They're all in a specific so I can answer that question right now. Besides me, nobody undermine. thank you for that clarification. so I don't think what john is speaking to, is to say or salary equivalent because the general counsel people are not in salary bands. let me ask the chief auditor before I make the motion or the person standing in, are you aware of any position that's have negotiated
088that would be above pay band d. I don't know the classification, I wobble the only one impacted by that. I'm going to mend, I'm going to restate my remotion to reflect not the superintendent, and I'm including the chief auditor, I'm not sure what those contracts look like. So if staff can assist me. I move to direct the general counsel and chief auditor to bring back all negotiated contracts with employees that are aligned with pay band d and above to bring back so those employees do not receive a referendum supplement, moved by MS. Leonardi seconded by MS. Rupert. DR. Zeman? Above pay band d, yes, thank you. Okay. Public comment on the motion? Speaker: DR. Nathalie lynch-walsh, I support bringing the contracts back. However, the contracts never say referendum. So to, the attorneys point, it needs
089to be clear so that regardless of what happens in the future, it just doesn't roll, they just don't it get just because you didn't use the right word to restrict it. and just a remiepder. It needs to get expedited. I don't know where it is in the pipeline, because I'm not in the audit committee but when I was the chair, we made sure it got into the audit plan and the last one was audited, not very well but it was audited. And that needs to happen again so you can see where the money went. So when you bring back, smab, I'm for reducing it for all the reasons mentioned by the board and speakers. niz -- any other public comment? Speaker: DR. Trudy. I still going to harp on most of the public has no
090idea when you're saying pay band d, I don't have any idea what you're saying pay band d, please say an amount of money, I know what that means. Speaker: terry lopez, thank you. When I was overpaid as you guys were overpaid, I was asked to give back over 5,000 like tomorrow. And that's what whpz when they overpay you. Also in the, various contracts that we have and I know because our own union represents more than one contract. The language is like word salad often, but if you keep it straight, that referendum is separate from salary. This referendum and in the contracts and agreements any money that goes back, goes back to us. So just fyi I'm pretty sure that PRESIDENT Fussco will speak to that as well. But there is, no. that's what people tell
091you. That's what you have to make sure understand, it's nl the way it is. And this is where your problems start. Thank you for knowing that. Thank you very much for all you do. Speaker: I need you to double check to make sure that any money money extra funding gets back to our contracts. All of our members and our contracts. So you've got wrong information again from your staff. And I was texting board memebers ask it out loud to the department. Hohofully, thth give yothe right t anererbut t I I have my totorneys working on it. Double check a couple of the executive directors in this band because they actually go off to schools. Again, we want to go to say people that work with our students population. You do have some groups. So I'm
092asking you to double check it. We don't want people harmed that have hands-on experience. any other public comment on the motion? Board comment on the motion? MS. Hixon? just because, I want to read the language from the ballot for the referendum so everybody is really clear on what it is. So the ballot language read, shall the school board of broward county levee and add property tax of one mill annually for fiscal year JULY 1, 2023 through JUNE 30th, 2027 to provide funding for one, school resource officers and mental health professionals. Two, increasing compensation to recruit and maintain teachers and staff. And three essential instruction related expenditure to preserve important programs for the benefit of all traditional public and charter schools that's what passed. So I just want to be sure that we understand what all
093of that says. So there was a part on there that seeds essential related expenditure. So it is actually written in the ballot, thank you. I got distracted. And I, again, I don't know if this is the time, I guess I'll make a motion about changing. MS. Bulman. thank you, chair. First of all I want to commend your leadership on this. It's fantastic that we had this issue pop up over the holidays and you came with solutions so we didn't have to get down in the weeds. And I appreciate that and everybody else who has come here to speak and give their perspective on this, I think we're, we're moving forward in a good direction for something that was unfortunate situation. To the point of referendum going back to the teacher. I had a question will
094that be put together? DR. Hepburn? what was the last month? -- motion. so it was ending the supplements. as we stated this, it's, unallocated now, if the motion, if we vote and the motion passes so it's up to the board to decide where the money goes. is it unallocated or contractual obligation. that's a great question. Go ahead MS. Johnson. Yes, that's a great question. referendum must be spent on what is written in the referendum, if we have a surplus, it goes so the board decides where to reallocate those sources to a purpose written in the referendum. okay, but we mighting found, I guess that's a question, a legal question if we're bound. Because, to the point of the speaker, if the contract is that the money, if there is extra money that it goes back
095to the teachers. that's what I was going to actually. We need to make sure that is happening. while you're speaking, I was thinking the same thing, we need to research the contract with btu to see what is in that contract because it spakz to dollars that are not allocated do health and safety and security. If there are funds if it goes straight back to btu. do we need a separate motion? the referendum is based on a referendum, everyone is getting paid exactly what is the allocation amount. So those things go back into the fund balance until the board decide if they want to allocate into the teachers. There is always going to be some surplus because it's depending on the type of staff and increase referendum overall. so this change the narrative of the referendum
096and we need to look at the amount what is left over. We need to do analysis and see what purpose, if we're lacking in some of the things that was written in the referendum language then we can revise accordingly to the language that is outlined because it could only be spent on the items that is written and passed by the taxpayers to our employees and to what we agree the referendum should be allocated for the purpose. so I guess, within the month or whatever, we would know what we're looking at for available funds and then reallocate them. yeah, we can project but we don't know until we finally close. We do have expenditures going on currently, and that mub is held in a fund balance until it's reallocated back out based on criteria of the
097referendum or direction of the board. okay. Thank you. any other board discussion on the motion? All in favor say aye. aye. all opposed say no. Motion passes unanimously. My last comment while I have the floor is, to the individuals who are impacted by this today, I want to echo MS. Hixon's sentiment that we know you work hard and we see you, and right now in this environment in public education, everyone is called to sacrifice. Our teachers are called to sacrifice every single day, our bus drivers, our cafeteria workers and we need especially in broward county schools to show the public that we are transparent and accountable so they can continue to entrust us with these funds that had an enormous impact on our students. So we see you, we thank you. This is not a
098personal attack on the people who you know, help run this district. But we really need to show everyone that we're going to do right by the people who see our children, our students every single day. MS. Hixon. this is just on the general item now. yes. so I like to make a motion to bring back the referendum pay scale for lack of another term, so that we can look instead of doing percentages doing fixed rates. So that come to a workshop to discuss and then the board votes on it? yes, I think more appropriately is to have a wider discussion is to bring it to a workshop and then a vote at the subsequent meeting. so my motion is to bring it to the next board workshop I think it is important to get this
099done now, so we can move from percentages to a fixed rate. second. moved by MS. Hixon seconded by MS. Leonardi. you mean next week, the 13th workshop? Or FEBRUARY 17th? no JANUARY 13th. so right now, for the we have 7.5 hours allotted, we can add it, just want to make the board aware of the current time rate. we move things around all the time. Is there something that can be moved to the FEBRUARY? it will be a challenge we have committee reports, student discussion, we have another item that must come to you and budget updates along with diversity report update which is also policy driven? It could be added, you have 7 and a half hours, I just want to make you aware, we try to schedule within with the 8 hours. then it would
100be FEBRUARY, it needs time. yeah, it is going to need time. to trying to shove it. I believe this needs to be negotiated. okay. Go ahead, DR. Lozano. yeah, so it would need, as part of negotiations so we would have to discuss that in closed door would be my recommendation. can we bring it to closed door as soon as possible? do we need to a motion to bring it closed door? no, we can bring it to closed door. We'll bring it to the next closed door. Anybody else on the item? , thank you again again for all your motion approximates, you covered most of the things I was thinking about. DR. Holness on the item. no, MADAM Chair, I'm good. any other board discussion. All in favor of item 1 as amended say aye. aye.
101any opposed say no. Passed unanimously. There was no motion. It was withdrawn. Can I have a motion to move item 2 to the floor. so moved. moved by DR. Zeman, seconded by hixon. public comment on item 2. we have one speaker. Do you mind if we take a quick recess to allow? yes, and prior to the recess, I know DR. Hepburn, wanted to make a comment. thank you, chair. Thanks for bringing this item. I share the same sentiment, I know it's not going to be popular. But I have very firm personal stance when it comes to referendum dollars. Within a couple of districts. And referendum is for the folks closest to our students. Frontline workers, bus drivers, custodians who are doing the hard workday in and day out. I'm looking forward to the audit for
102how the item came. I want to add my support to the referendum dollars going directly to the people. I also look forward to the closed door discussion and eventually public discussion about restructuring referendum. There are some things that I personally believe as it should be restructures, I know we're going to have a ro dust discussion about that. Making sure that we're using these dmrarz appropriately and it is intended use. i'm looking forward to that discussion and also the sentiment on how these funds should be used. I just want to lend my two cents, is know it's not popular but that's my personal stance on it and that's my important on this issue as a superintendent moving forward as well. Thank you. thank you, we'll now take a brief two-minute recess. all right, welcome back to
103the special school board meeting. We have item 2 on the floor. Item 2 is general counsel agreement. Item 2 is on the floor, do we have public comment on item number 2? Go ahead. Okay. Speaker: I was just waiting for them to call me. DR. Nathalie lynch-walsh, plantation florida. I'm thinking probably no. This is not the time to try to bring somebody new and you've got a lot to cover today. You already have somebody available for interim. I have the negotiation summary table. I would have been favor in letting her do it remotely for the first few months, that makes sense, everybody can see if they have buyers remorse or not, but part of the negotiation and how, scott travis uncovered the whole no-chiefs left behind, that it was shared that everybody but the board
104twice was shared during negotiation everybody but the board was getting the referendum dollars. That's how this all started. So now she would not be getting that and if she's not okay with that, you don't have a contract. We'll see how this pans forward. It very affective remote. School year, and especially when we have that was one of the sticking points. A lot of money, and right time, I know I'm not in favor of hiring them. And everyone decides, we're going to get rid of plan and after. You just have to raise the whole place and build it from scratch. You don't have internally what you need from that. So if I was her, I would not try to walk in in place. that concludes our registered speaker. thank you, I also brought this item and
105I want to thank MS. Dupuy-bruno, it's been a pleasure to work with you over the years. So just for the board's convince, I know there is minutes online. I want today summarize the negotiations and my thinking, and then I welcome my colleagues. MS. Dupuy-bruin other came in with a few requests, one is 5 percent, between 10 to 15,000 a year. Requested a remote work for few months. Full benefits valued at around 49 thousands and for us to pay attorneys fees. Our counter because of all the those benefits, was a salary range of 215 to 240. when we came back and negotiated a second day, MS. Dupuy-brunie agreed to a later start date. My position on na was that I did not feel that the board wanted general counsel who was not in the office full-time
106right from the beginning, especially walking into a new office. She conceded on the super majority piece. My position is the board has never supported a super majority piece in any of our board director contracts. And conceded on some benefits on health insurance benefits saving the district around 33,00 dollars. Our counter was to move the salary range up to 250,000 with no investment account contribution. Her team came back with an ask of 280 dollars we countered with 260 and they came back with 265 and we maintained a 260. And this is all, this is a public meeting, the position of her team was she wanted make the same amount of money as the current general counsel. Our position is we wanted her to have room to grow and that our current general counsel had been in
107the district for several decades, had a conference room named after her and I'm comfortable with the agreement we came to today. I'm not sure if MS. Dupuy-bruno wanted to make comments. I'm sarah, I am the honor of representing MS. Dupuy-bruno, and I know the knows her credentials. I would like to take a couple of minutes to go over her credentials and background. She has been practicing law of nearly 30 years and only one of 47 specialist in florida. For the last almost six years has been serving the general counsel for lee county and ex selled her. She have given her a rating of highly affective and received nearly perfect score in the last evaluation. In approaching knees negotiations, we came to the table with three main considerations, first the market value for this position, second,
108her substantial credentials and experience and third the challenges that this position brings to the table and I don't think anyone here question that those exist. She also brings a lot to the table in managing legal and regulatory matters for lee county which is the 8th languagerest in the state and 28th largest in the country. She is a proven leader and has been a presenter on education law in the state and national level. She also knows how to lead a legal team which is important. You don't only want a technician you also want a leader and somebody who can navigate the unique and challenging and high profile issues facing the broward koubt' district right now. In terms of prior leadership experience, it's worth noting that before this, she built a law practice from the ground up,
109she and her partner man ameding a staff and prior to that worked at a larger law firm. A florida supreme court qualified arbitrator and trained collaborative attorney which many of you MAY be wondering what na is, that's paradine shift from adversaryial. She used thaoz skills every day to be an affective leader and legal technician. She looks forward to the opportunity to advancing the district's objective and protecting its interest. And was a strong negotiator and successful in obtaining some concessions from MS. Dupuy-bruno, for example her salary would be lower than MS. Batista's salary and a little less than what the market would support. And in the interest of fairness and enabling the board, to be good stewart of tax dollars, she didn't ask up to 20 weeks severance until six months into her contract. Other than
110those concessions her contract maintain mirrors MS. Batista's contract. She did ask that the district credit her six yeasser of service withly county with existing board policy, there seems to be no question to us that's given. There is policy that this is standard practice. Also has asked to receive the relocation as the superintendent, you know MS. Dupuy-bruno would be relocating from lee county to broward county and it's important for everyone to know that this is not a blank check that she receives spo spend how she wishes. she pays the money up front and then has to submit receipts and only those expenses and up to 15,000 dollars covered by the internal revenue code would be reimbursed. This is standard language for agreement. And as additional evidence of the board being good stewarts, the language in her
111contract is even more restrictive on this piece than what is set in the superintendent's contract. So with all that being said, we look forward to a fruitful discussion and to answering any questions. thank you, MS. Hixon? thank you. And thank you, and welcome MS. Dupuy, we look forward to a long time together, this is the uncomfortable part and after that, we can move forward. I have basically a cup of questions and some concerns. So can you, can you explain why, why not until JUNE first of 2026? thank you, MS. Hixon. I do have a middle schooler that I would like to make sure that she is able to finish school in her current school so there is the least amount of disruption as possible. We do offer the possibility of doing virtual so I can
112be super mom and be here. But that is not something that would be advantagous to the board. So I would like JUNE first as the deadline. However the contract says that I can give two weeks notice and just advise the board that I would be starting earlier. My intention is to start earlier but at this appointive logistics and at that point I'll be able to come in. Okay, at's fair. D I I do h he e ncernsns withthe 260 just because I know you're sparing it to MS. Batista's salary but she has been here for a long time. When she started, she was at 248 I would be more comfortable with 250, 255 but base on the conversation, I don't know if now is the time to make a motion but to change the language
113about the 5.5 percent. Because we just made a motion. We have to change the contract that's before us, because we just took that 5.5 referendum part out of it. so she never asked the referendum money to be included she didn't know about it until it was brought up. neither did we. she has heard from the board and public. She has no interest in receiving the referendum money so we're open to whatever language MR. Harvey and the board proposed to eliminate any question. so should I make a motion to remove that language from. Contract. through the chair, MAY I. I have some suggested language that I would like to share with the board if it's okay. go ahead. through the chair, for 7 a at the bottom on page 25, where it references compensation, it says
114during each year of the term of this agreement, the general compensation should be increased by the percentage of salary increase or other compensation increases provided to other 12-month employees of the board in salary band within the equivalent salary range there of. Is that? I have a separate suggestion, I think if we just put in what is in here already and just say, not the refer -- like be clear in the language that dis concluding referendum money. Because I don't think any of us have a problem if anyone gets a two-percent pay raise, that's suppose to be in there. The rish is just the referendum money. So my motion would be about adding in here, that it would exclude referendum money. yes, through the chair. If I MAY, the only problem is that there needs to
115be a reference to the increases that would occur if there is a 2 percent increase for administrative employees that there needs to be a reference that she would get that increase. yes, so it says, during each, we're on a, during each year of the term of this agreement, the general counsel compensation should be increased by the salary increase or other compensation increases provided to other 12-month administrative of the board, I would put comma excluding referendum, so it does not change anything else except that she is not getting the referendum money. MR. Lozano? DR. Lozano. through the chair, DR. Lozano, chief officer s I want to point out 12-month employee sit in tsp, sit in asmab, we have 12-month administrative groups in multiple groups. I want to point out that's why MR. Harvey was looking at
116the band d and above. so we can do board, the band e and above and putting excluding referendum to be clear? If that makes sense. Because I think, we asked for the other contracts to come back, so I believe we're going to change that to say excluding referendum money. So I make a motion to change the language in the contract where it talks about increase by the percentage of salary increases or other compensation increases provided to other 12-month administrative employees, can you say that again, above band? in salary band e or above, or within the equivalent salary range there of, including referendum of supplements. that language, thank you very much. That's my motion. second. moved by MS. Hixon, public comment on the motion? DR. Nathalie lynch-walsh, plantation florida. Yes, please accept the sage advise of
117the seasoned attorney, because she is trying to fix what is kushtly wrong. And that language would do it, the language that he proposed and I support the motion based on his wordings. Thank you. board discussion on the motion? All in favor of the motion say aye. any opposed say no. Motion passes unanimously. could we get clarification on salary band e and above, I think thz dupuy-bruno had questions on what titles and levels of employees. so we have 14 employees in salary band b, that executive directors, and that range band is annual salary minimum of 104, 836 to 10,000 to 112. thank you. I didn't make a motion to change the salary but I would like to hear my colleagues thoughts. I just want to briefly respond since I did the negotiation to the salary piece.
118MR. Dupuy-bruno meets -- when it relates tho headlight, and it was my discussion as a whole, it was my position that MS. Dupuy-bruno should have the same health insurance benefits as our other employees. That is not what MS. Batista had. So MS. Batista her health insurance costs about 49,000 dollars if not, maybe a little bit less. But that was a significant concession that MS. Dupuy-bruno made which is why I was comfortable going to the 260 which is what MS. Batista made. thank you, is would like to thank you for negotiation. I want to make one comment before I make all other comments. I was disappointed towards the negative comments. The candidate knew that we're the sixth largest coming into and it was disheartening to it and MR. Harvey, I want to thank you for stepping
119in there and pointing that out. My comments on supplement were already taken care of. I think, that preference for the earlier start date, however I understand the moving. I also do not agree with the evaluation preference listed in the contract where we have to come to her before we make any public comment about her performance. If you look at her table it's under performance evaluations and I just think there is sometimes on the dais where things will come up that we need to make comments on and and to be restricted as what we could say as elected official is inappropriate in my opinion. I would agree with MS. Hixon on the lower sally band. Thz batista earned the amount of money she made by dedicated herself to our district over decades. And those are my
120comments right now. Thank you. and I want to provide some clarity around the evaluation piece. Original the language was shall, but it was changed to MAY. So it's not requiring the board memebers to speak to her beforehand. But I think all of us can agree that a personnel conversation with somebody if there is a issue, as you stated, things do come up and we all have first amendment rights that's why the language was changed. DR. Zeman. chair, thank you again for all the extra work on this. I was able to watch the video of the ceremonies and then raid -- read the transcript and think about this. I really believe on behalf 6 broward that this negotiation was done very well. And on top of that. By the way, let me start by doing the
121right thing, how would you like to be addressed, ma'am? MS. Dupuy-bruno. In lee county they say attorney dupuy-bruno. to talk away from 5 percent that is classy, na is an issue as you saw this morning, full of appropriate angst to be honest and say that you didn't expect it. So it's good to bring it back. I expect that from a lawyer anyway, by statute, you must be honest with us all the time. It's great to do that. Is would like a couple of other people concerned about your start date. I would like you here today. 60 days is contract, I like your commit toment your family. I like where the contract is, so I'm not going to make a motion I just wanted express my preferences, where you said that maybe after MARCH 7, you
122MAY show up. We would love to have you. Sxifs going to make a suggestion to the board what if you did four days a week and could start earlier, we really need a long term general counsel and the fa fter you start, the better it is for broward county schools. I want to come back to the salary issues that came up. Your attorney suggested that this is, I think you said, ma'am, below market, what the market supports, I wrote down what you said, I think. And I'm curious about what evidence you have for what the market supports with 28 years of legal experience and MS. Dupuy-bruno's background, what was the market and what is the evidence you have for that? so of course we looked at the existing or former general counsel where she sta
123rted and where she is now. And we look a look at the orange county which is a smaller school district than broward and their current gc is making more than MS. Dupuy was offered. Those are the main points we considered. terrific, and I appreciate the choice of orange. Their general counsel is one of the best. The fact that he's compensated well is reflective of his statute it's not uncommon for people to call in a pinch and say oh my GOD, I don't know what to do and he's that kind of gc. I appreciate your thoughts about the market and then lastly, the evaluation preference was a sticking points with me but I'm glad that it went to from shall to MAY. I will live by that. It is better to talk directly about issues that
124have come up. But to MS. Thompson's point, there MAY be things that we don't like. this contract in no way prevents us as board memebers to says that we think could have gone better. And I hope we also use that first amendment right to says that things went well. But I think this contract is, tremendous first step for you as a general counsel of broward county. I appreciate you being so flexible with the chair in the negotiation, when you gave up the medicine xal plan that our current general had h that's a significant amount of money that you MAY have to pay if you really want to cover your entire family. But, I like this contract, I would not change a word and I'm a tough guy on contracts. But I just feel like we
125landed in a great place and this is a great reflection. I almost wanted call lee county to see if they would waive your 60-day rule. I look forward to working with you and thank you again for finding a place where you can come here, at a pay level at a benefit level at things like severance. thank you, MS. Rupert. hi, it's nice to see you again. I'm supportive of this contract. I did have one question and it kind of hits only the part of the conversation that we had in the last item. On page, 9, of this agreement, under section I, frs classification, I've never seen this job or you know, set like this. General counsel as senior management service class for the term of the employment agreement and any renewal. I've never seen it
126called that. So I'm wondering, is that still in the pay band and how does that work together? DR. Lozano? Or MR. Harvey? yes, through the chair, I'll allow DR. Lozano to address this. Buzz if I understand it correctly. Many many general counsels fit into that category. There is certain statute tory requirement that the school has to go through in order to designate employees of senior management and I believe the district has done that for this position, which I think we can verify that. But it's done for several districts throughout the state of florida. right, I understand general counsel as senior management but just the part that says senior class it caused a question, nothing bad, I was just hey, we just finished talking about categories and salaries. Might as well ask about this. that's a
127standard tight for it. got it. I will support this item and I look forward to hopefully, welcoming you at the end of this meeting but also when you come over from the west coast. So that's all, thank you. thank you, DR. Holness? thank you, MADAM Chair. So I just want to welcome again, MS. Dupuy-bruno, thank you so much for coming to broward. i do support the salary listed here. In fact, it appears to be similar to market rate or probably even less. When I look at the contract, I think the overall package is actually financial much less than MS. Batista. So I would not support the decrease in the salary at all. I think it's similar to market rate and I'm supportive of the 260. The fringe benefits is slightly less than MS. Batista. And
128also the health coverage is significantly less. So I think this is a reasonable contract. And I am for it and generally not supportive of any. Thank you, MADAM Chair. thank you, MS. Bulman. thank you, MADAM Chair, and welcome it's great to see you again and thank you for accepting this position. I think you know, this is such a huge job and so, I, I agree with what has been negotiated in this contract. I'm very grateful that you're willing to take this on and I appreciate that you went through some of your accolades and experience because I think it reinforces the level of experience and expert sees that we're getting at a time when we really need it. So I welcome and thank you. The only question I had about this was the, you know, we
129do an annual evaluation of our general counsel and then there is an interim evaluation that something that we're doing with MS. Batista. that was a proposal by ms. dupuy-bruno. yes. so would that be on the same evaluation tool? Or would this be more informal? I don't know if MR. Harvey? yes, througugthe chair. This wawaan ideathatat s prosos by MS. Dupuy-bruno. I can represent to the board that the way this would work is that there will be an interim instrument and annual instrument that will be developed jointly with the board and general counsel, actually at the same time, within three months. So that was an idea that she had proposed and, and we know, we didn't have any objections so if, but I don't know if she would want to address it herself as well. if
130I MAY through the chair, you'll see one thing in this contract is commune casing is very important. So, my goal is to service in board with excellence to make sure the office of general counsel is servicing the organization with excellence and for me to do ha is to have communication, we have two points, one will be an interim, I have that same set up in lee county, and it's shorter and general and not rated. So I have an idea to what is it would bingering and not working so we can move forward in a positive direction and of course you have the annual evaluation. I appreciate that, immensely, I think it's a great idea and it will be helpful for everyone and communication is xaoe. and to the point, that has been made a couple
131of times about your start date, obviously we would like you to be here as soon as possible but this is a big move and we need to appreciate the fact that we have an excellent person coming and we'll get rewarded our patience. MR. Cer very? -- cervera. I also want to extend a warm welcome. Understanding the need, is it your son or daughter that is in middle school. my daughter. I share the same sentiments that we want you here as soon as possible but as a father of three young children, I understand. I have a question to MR. Harvey who is representing us in this particular situation. In regards to paragraph 11, nrs indemnification, would it be appropriate or is it possible in the employment law space to include a carve out for exceptions of
132instances or gross negligence when you're talking about employment law space. My professional practice litigate these from time to time and I'm a big proponent those carve outs. yes, through the chair. Yes. The board should not indemnify any employee, based if there is any gross negligence. I'm not sure if MS. Dupuy-bruno would object to adding that language. I think we would need to caucus on this and any other major changes that we're talking about today. ?Ment so that would be my recommendation that that paragraph specifically paragraph 11 be considered and no way shape or form am I suggesting that you're going to commit gross negligence or misconduct, but the negotiators can address at this stage as opposed to months down the road. So chair, I would ask that that is something that we be brought back
133up to the proverbial table. And if you would, just my benity fit, while understand the need to indemnify a general counsel, if in fact, she were to do something silly, and you know, outside of the scope or something that exposed the district to substantial liability outside of the parameters of what she would be doing, I don't think that we should be responsible for indem any -- indemnifying. Again I'm not suggesting that anything will you be but addressing this issue at this point of negotiation. Paragraph 9, I believe it's the, one, two, the third sentence of the first paragraph, of paragraph 9 which states, if the board member have criticisms or complaints, the board member MAY discuss with MS. Debris personally before referencing any criticisms and complaints in her evaluation or in a public meeting. With
134that, those are all my comments. would you like too make any motions? on indemnification, thank you. I got carried away with the negative stuff. Let's go to notification. Null fickation. I would move that paragraph 11 the indemnification provision, include a carve out specifically excluding acts of gross negligence and o willful negligence. second. motion by MR. Cervera, seconded business DR. Zeman. I support the motion of course and it begs the question was this absence from MS. Batista's contract. That would explain a lot. The new again general counsel would be this. It puts internal controls and it is, consistent with those concepts, it protects the boards from individual acts, this should be in everyone's canser this is the next thing tho look for. I totally support the motion and I hope that it will be acceptable to
135MS. Dupuy bruno. any other public comment on the motion? Board discussion on the motion? I believe we need to take a brief recess, I would MS. Dupuy-bruin other and her counsel like too caucus? MS. Alhadeff just raise her hand. I'm going to have a motion. okay. So, do you, I mean, I think the appropriate is to talk us on this motion right now since we have a motion on the floor. MR. Harvey? Do we need to recess to caucus? we would like to caucus please. okay, we'll take a brief recess. yes through the chair, consistent with the motion, it was, it was made by the board, we would like to propose the following language. So at the end of paragraph 11, we would like to say notwithstanding a for going, the board should not be
136obligate today I dem any fie, to pay bruno for any claims losses or damages that are solely and directly cost by willful misconduct in accordance with florida statute 101226 and 111.07. 1012.26, which governs all educational employees, instructional employees and 111.07 which governs government employees. so the motion would need to be, amended or substitute, I'll make a substitute motion to include na language. second. moved by MS. Leonardi, seconded business MS. Thompson, public comment on the substitute motion. Board discussion on the substitute motion. MADAM Chair. yes, DR. Holness. yes, can you repeat the motion as its amended, please. MR. Harvey. yes, through the chair. Notwithstanding the for going, the board shall not be obligated bruin for any claims losses or damages that solely or caused business dupuy bruno's negligence or willful misconduct accord to go 101226 and
137111.07. MADAM Chair, I'm not sure if anyone was ahead of me but I like to speak on it. say that a little bit slower. at the appropriate time. on the substitute motion. yes. go ahead. okay, MADAM Chair, I just want today confirm that MS. Dupuy-bruno. What is her language. we had a chance to discuss this motion, with regards to government employees including attorneys, both in the education setting and just in general for government employees. I'm confident with that language, it mirrors what is specifically in those statutes. thank you, MADAM Chair. I'm done for my questions. any other board discussion on the substitute motion? All in favor of the substitute motion say aye. aye. all opposed say no. Substitute motion passes unanimously, we're back to the item, MR. Cervera, are you done? Go ahead, MS. Alhadeff.
138yes, so I would like to speak on page 7, is would like to make a motion, I move that relocation or moving penses not exce 15,0 bebe subjec repayment, if the employee volunteer separates or terminates for cause within one year of the start date defined in the employment contract. second. moved by MS. Alhadeff, seconded by MS. Thompson. Public comment on the motion? DR. Nathalie lynch-walsh plantation florida, I would be in support if this is what everybody else has gotten. Because there are other reports that you paid and were they subject to being here a year and if you are making her uproot herself, then a year is long enough that you uprooted and now you have to reroot, reuproot yourself if you leave even in a year. Which is why you could have had a
139transition period. It's another thing to be here for a year and then you have to pay it back. But anyway, if anyone else is getting the same deal that would be equitable, I'm all for saving money but did you just do contracts with other people where you didn't put that stipulation in? Just asking. Thank you. any other public comment on the motion? Board member on the motion? MADAM Chair, I'm on the queue, please. go ahead, DR. Holness. thank you, MADAM Chair. So I would like to ask if this has ever been included for any lateral position with anyone we've hired before? DR. Hepburn. can you specify the question again, about moving? it's about the current motion regarding paying back an expense if MS. Dupuy-bruno is here for less than a year. Based on that motion
140has there been a lateral motion where something similar was included for those we hired before? excuse me. Speaking for myself and my contract, the answer is no. But I'll ask DR. Lozano if there is any other previous direct reports contracts that are in there. not that I'm aware of but we can follow-up. okay, so MADAM Chair, I'm not in support of this motion. I, and I would certainly like for MR. DR. Lozano to provide that information as soon as possible. But if this has not been done with any employee of similar statute, I don't believe it would be a reasonable ask for MS. Dupuy bruno. Is know for her to decide to move to broward and take this position, that in itself is a very significant move on her part to take such an action.
141I believe the intent is pure to try to be here in broward county and be part of our team. There are circumstances that MAY be out of one's control to which they MAY have to make, changes in whatever decisions they made. I just don't believe this is a reasonable ask. I am sure she intends to be here longer. But at the same time, if there are extenuating circumstances, for her not to continue for whatever reason or whatever, I don't feel this is a reasonable support especially because it has not been done before. Moving expenses 15,000, it would be less. So I think it's a fair, it's a fair ask. And you know, as I mentioned before, the, the contract is when you look at it, comprehensively, it's significantly less than our prior counseling terms in
142terms of the healthcare expense, the fringe benefits and so on. so having supporting their move-in of MS. Bruno, to broward, and covering those expense is reasonable. And I believe it will be unreasonable to ask for that to be paid back should she have to leave the district in a year. I'm not supportive it. thank you, DR. Zeman. thanks, chair. I just wanted to get a rehearing and I apologize to MS. Alhadeff for this. This would be in the event that we pay moving expenses and she resigns? wait, she. She voluntarily separates with the district or terminated for cause. so I would find it professionally difficult if a candidate got moving money and left in a year. I would say give us the moving money back. But not so much the second phase. I would not
143vote together, I would vote for it if she came under the pretense and desiteded to take a job in detroit within a year. That would be a prime fascia evidence, but not if we do it for cause. I just wanted to, I feel strongly about her saying, I don't want to work here anymore but she should say for expenses. But that's if we remove her for pause. MS. Thompson. I'm in favor of the motion, we didn't have to give the superintendent moving expenses and we have a chief officer. As our morning conversation happened, we are finding different issues and different structures and it's important to start making moves now and correcting things as we go and not necessarily always looking back so I'm in favor of the motion and when the chief auditor's contract comes
144up, to add this as well. Thank you. all right, MS. Dupuy and her counsel do you need to caucus? yes. ?A a yes. before you do that, we have one more board member who wants to comment on the motion, MR. Cervera. thank you. I support the motion, I think it is a good one. I hope this is one of those things that we hope does not come to fruition, we would not like to see you leave in the first year. So at the end of the year when we're sitting back in 2027, this will all be for not. But I understand the need to have it now. I would also like to, just comment on some of the suggestions about things that have been done in the past and does anybody else have this and
145what have you done. Clearly if anyone is paying attention this morning, they would have realized that maybe the things that we're doing in the past, are not the best practices. So this idea that we have to follow suit, don't think should be leading the conversation, to the stretch of emergenciation, we need to be innovated and bold in some of the decisions and every contract is, is unique. It meets a certain skill set or certain individual. So this idea that everyone's contract have to be the same. So with that motion, I would, I would support the motion and look forward to voting on. any other board member comment. We'll recess so MS. Dupuy bruno and her counsel can caucus. agreement here. That was something she never asked for. let me take a moment to pull up
146the. in the meanwhile they're finding the information. Can we brief on the healthcare package being provided to MS. Dupuy bruno, the difference in financial costs? so, I can speak to that piece. MS. Batista had all of her dependents covered, it's the health insurance package for MS. Dupuy bruno is like the rest of us. So the, originally bha she was asking for would have cost 49,000, now it's much less, I think it's around 16,000. But I don't know if staff can give more specific numbers to that. And I'm looking through MS. Batista's reference. But I believe it was a little bit different. okay, and MADAM Chair, if you can tell us, or if staff can tell us the exact difference between the healthcare package for prior counsel versus MS. Dupuy bruno which she is negotiating which
147is the saving will realize with hiring MS. Bruno. does staff need a moment. yes, give staff a moment. They're researching right now. also and, can be confirmed that the fringe benefits is less than the previous general counsel. yes, that is confirmed. okay, and MADAM Chair, if we can get a difference in the dollar amount that the school district will realize based upon prior general verse the current one that we're seeking to hire? As far as fringe benefits and healthcare and salary? okay. in addition to that, MADAM Chair, I am, I am not very satisfied that it has come down to this in terms of the the moving expense and I see that MS. Dupuy bruno is coming up with a compromise. And I'm supportive of the six months that she is suggesting. I'm just very
148concerned that we are, sort of headed in a direction that seems that we have not done this before. And I'm just wondering, where it's leading as we move forward. But I'm going fob supportive of the six-month and I hope we can quickly move forward with in contract, and welcome MS. Dupuy-bruno to broward county. I wanted to be sure, I'm looking at MS. Batista's agreement around severance and it says that they would be eligible for 20 weeks compensation if it was termination by mutual agreement, I believe that would be na is different than the contract that we negotiated with MS. Dupuy bruno the language that mirrors the superintendent's contract. No severance for the first six months. She offered that up on her own very will ising and valition. And I don't know if staff is ready.
149Go ahead. good afternoon, susan brockman executive talent management. DR. Holness, I believe you had a question about the healthcare cost. my question is what is the difference in comprehensive to the current general counsel that we're seeking to hire in terms of healthcare cost and salary difference? so for the total healthcare cost for MS. Batista, we covered her dependent so was a cost of 35,600 and the dependent. For MS. Bruno, 16, 731. okay, so for the total difference in comprehensive cost for the healthcare, the fringe benefit and the salary what is that total value in difference of costs to the district? let me come back with those exact numbers. okay, MADAM Chair, just to confirm, MS. Batista had 20 weeks you mentioned? yes. and MS. Dupuy-bruno is for going that at least for six months, is
150that right? correct. are you done, DR. Holness? yes, as soon as when staff comes back, I can get back on. MS. Bulman. thank you, chair. I was going to suggest the same thing, I think it aligns nicely since that's you know, you already have the six months severance, I support that. And I also think, we need to DR. Holness's point, I think we need to remeer too 're comparining thcocontras icic isis reasonable, but we have a person here who already served as a general counsel for six years in another large district when we hired MS. Batista, she had not been a general counsel before. So you're taking somebody who has a lot of experience coming in. We need to be giving her that respect and she is negotiating in good faith, has made concessions, moving
151a significant distance away and uprooting her family to come here. So I don't want to be going back and forth over a few thousands and ruin our chance to have an excellent new general counsel. I think that we, if we align it with the six months, it all works out perfectly but other than that, I don't support this motion. MS. Hixon. thank you, I agree and thank you for continuing to try to work this out, I just have concerns that if we continue to nick pick every little thing, we're going to scare somebody away and we don't want to do that. I appreciate that the six months, it falls in line with the severance, I would support that. again, do we need to make a substitute motion then? go ahead MS. Bulman. when you're looking
152at the contract, the things that have ir reversable, if she is buying a house or at a year-lease, she is already going to be bound by things. Getting in the weeds is beyond what we need to be doing right now. MS. Hixon. I would like to make a substitute motion to MS. Alhadeff's motion and make it six months, not 12 months. second. moved by MS. Hixon, seconded by DR. Zeman. Public comment. Speaker: DR. Nathalie lynch-walsh, I support the motion. As somebody stated MS. Dupuy bruno has been negotiating in good faith. Negotiations are give and take. If this was the land of oz and lollipop,s, but this is the fires of moore door. We're at the gates of moore door, you can deny all you want but it's not all sunshine and rainbows. But these got
153a mix, that stuff can go side ways. But a year, was a little bit much. So this recognizes where the district is, currently, remember I advise getting into this, I think you're rushing it and she MAY live to realize that. But if you're negotiating in good faith, this is good faith, six months is reasonable. You have to do some give and take as well. So I appreciate the motion, I support it. Thank you. any other public comment? Board discussion on the substitute motion? MADAM Chair? DR. Holness? thank you, MADAM Chair, so, I would much rather that this was not on the table but I am certainly at a much better place with the six months than with the one year, so I would say reluctantly support it so we can move forward and as board
154member hixon mention, I just hope that we don't continue to nick pick, we have a great candidate. Based on the resume, what we've seen, we're very fortunate here. I just want do want to continue to nick pick, the overall package is much less than we were paying our prior general counsel in terms of benefits and salary and we're getting a top notch candidate. So is hope we can move forward and hopefully there wouldn't be any other items that are we're trying to save a dollar at the risk of losing a great counsel. thank you, and I believe staff has the numbers you were requesting now. so going off of MS. Batista's original contract where she received 248,000 leaving out the referendum and I didn't include the moving. MS. Dupuy 9324 less than what batista's was
155general when she just became. if you can clarify. You're basing on the 248 not the 265 that she is making now. correct. thank you, DR. Lozano on that information. And I once again reiterate that getting a great general counsel at a cost that is less than woo we had before, I think we are, we are in a wonderful place. And I am very very happy that we made this choice. At a great price, so I am ready and willing to move forward. and then DR. Lozano again. to answer that second question, we review no staff had language about reimbursing the moving expenses for the ones that had moving expenses in their contract. thank you. MADAM Chair. I just want to make the final comment. MS. Dupuy will be the first where we included this. And
156this is where we're going to be in the future, then I hope this is consistent in our future hirees as well. thank you, any other discussion. All in fair of the substitute motion say aye. aye. all opposed say no. no. item, substitute motion passes unanimously with one did descenting vote from MS. Alhadeff, so it does not pass unanimously. Back to the question business MS. Dupuy-bruno's comment, if anyone has any motions, please let them known. Any other board discussion on item 2. All right, all in favor of item 2 as amended say aye. aye. all opposed says no. aye. item passes amended unanimously. [Applause] I don't know if MS. Dupuy-bruno would like to make some comments? thank you so much, chair and staff, administration, DR. Hepburn. I am so looking forward to joining your team and
157coming on board. I've had an opportunity to watch your meetings because I've been keeping tabs on everything. And I, I'm just so excited and I'm hoping that I will be able to add to the success of broward county, to the success of governance of this board so you continue to do what is right for kids. I'm so excited. I'm going to try to get here as soon as I can. I do have some family obligations but I'm going to do my best. In the meantime, I know you have a great interim, MS. Catherine jacques-adams who is going to keep the seat warm. I have some ideas but I'm going to hold that for my plan. Thank you so much. [Applause] and he's sticking around for the next item but I do want to acknowledge MR.
158Walter harvey again, he has been with us this board through so many trials and tribulations, so many of the interesting events over the last few years. And I'm so grateful he does this for us and he does not have to. Thank you MR. Harvey. If you want to say some words. through the chair. I promise I will not be long. It's always a pleasure to serve public schools and you MADAM Chair and previous chairs and members of the board, it's always a pleasure to be here, you guys are great, you guys are doing great work and I'm always excited to be here and serve the district. If you need, you know, anything else within reason [Laughter] Thank you so much. Thank you. thank you, thank you. All right. Do we need a brief two-minute recess
159to rearrange for item number 3. Thank you. all right, we are back. Can I get a motion sd a second to move item 3 to the floor? so moved. I have a motion and a second. Do we have public comment on item number 3. wow. no? sorry, I was outside. DR. Nathalie lynch-walsh, obviously as part of the canceling the no counsel left hipped, you have to fix this contract as well. So mirror the language that you just fixed on the permanent general counsel. So hopefully that gets fix. I know ins a short-term interim and also that indemnification clause if that's in there, fix that as well. And you should be good to go. You have attorney-client at 3:00 and one more item, it would be nice as a public to try to gauge the rest
160of today. no registered speakers. thank you. Board discussion on item number 3. i brought this item forward, you can see in the minutes, any board discussion on item number 3? MS. Hixon? to the speaker's point and the conversation that we had earlier, I don't know that where we would fit in, because this doesn't really talk about the 5.5 percent na I can see about there that I'm going to guess in her original contract is since that contract is going to come back to us, we would address it then. I just want to say it out loud for the public that, that the right cadence. DR. Hepburn. go ahead, DR. Lozano. it's not part of this contract, this is only to this position of interim. And her current salary fits with d, so even with the
161new language this morning, she is not in band d and above based on her current salary. okay, thank you. And identification, that part 5.3 do we need to tweak that at all? Based on what we just did with the general counsel? Because it says shall, and I believe we moved shall to MAY, right? can staff speak to that? so from the shall to the MAY was about the board memebers mighting with the general counsel privately not about this piece. okay, okay, thank you for clarifying. chair, I think she was referencing the idendification, and we added. i don't know if that covers what we changed in the previous contract. That would be a question for legal but I think that's already there. I don't know if our counsel can speak to that, MR. Harvey? If we
162need to add any of the indemnification language? yes, through the chair, if there are no objections from MS. Jacques-adams, we can add that language to the proposed agreement. is do not have any objections with adding those two statutory restrictions that you mention in MS. Dupuy's contract. S a suggestion, it does say that the extent permitted to florida statute, you can add including and then reference the two statutes or I'm fine with the language that she utilized in her contract. okay, so is would like to make a motion to add after statute, including and list the two statutes on this particular contract. and just for the record, the stew statutes were 111.0 and 1012.26. second. MS. By MS. Hixon, seconded by DR. Zeman. Public comment? Board member comment on the motion? All in favor say aye.
163aye. opposed say no. Motion passes unanimously. Anything else? MS. Alhadeff? yes, I have a question in regards to past interim general counsel's additional compensation what was that? that was 5,000 per month to bring that salary up to 250. buzz on page 4, we're at 5875 per month. that's correct. And that does not, that brings her up to 230. wait a minute, say that again. the first part. so per, the so, with MS. Batista and MS. Jacques, the last interim, they took 5,000 a month supplement wiz brought them up to, the the general counsel position. So for MS. Batista that brought her up to 250. MS. Jacques adams is lower than that of MS. Batista. So the 5800 brings her up to 230, is that? got it. am I misstating that, DR. Lozano. that's correct. the
164summary says 225, so can we clarify what the total comp is either 230 or 225. my math could have been off. I have no further comments. thank you. any other board discussion? MS. Bulman? well, I'm just happy that MS. Jacques-adams is willing to serve in this capacity and I look forward to work withing her. thank you. Thank you, any other board discussion? Or comment? DR. Zeman, do you need that number to vote. I just want the record to not be wrong. We're voting on increase. got it, all in favor of item 3 as amended say aye. aye. all opposed say no. Item passes unanimously. Congratulations. [Applause] MS. Jacques adams, do you want to say a few words. absolutely, thank you for trusting me until MS. Dupuy bruno comes in. I'm delighted to be representing you,
165each one of you for the benefit of the children of broward county. So I really look forward to working hard and as kathy said, keeping the seat warm for her, ensuring that we take care of any issues that presents itself during this time and once again, thank you very much. I look forward to working with each and everyone of you. thank you. And thank you again to MR. Harvey. All right. Could I, we have another recess for about two minutes please. all right, we are back. Can I get a motion a second to move item number 4 to the floor. so moved. moved by MS. Hixon, seconded business MS. Thompson. Public comment on item number 4. yes, we have four public commenters, we have nathalie lynch walsh followed by others. Speaker: DR. Nathalie lynch-walsh plantation
166florida. So as a member of the facilities task force since 2011, former chair, former chair of the audit committee, I would be one of the speakers you would want to ask questions of but I don't necessarily expect that to happen. so, I would say no, to this item. Is sent you an email yesterday. And I suggested that there was more bloat in this item than a macy's thanksgiving parade. And most resent one for NOVEMBER, showing where the program such as it is is. If you have four projects in design, why do you need a full-time design manager when they were just at point 5. Again, with the omitted information, they could have brought you, the back up that show the staffing plan, from the last extension, compared to the agreement. But did not do that.
167I could not even get ai to do that. But I did pull it off to be able to see some comparisons. And again, a hard no, the 45 percent is part a big part of the problem. It was a part of problem of 2020 and remains a problem now. At a resent board meeting, you tried to reduce things that you did not need. But I hope you're looking at the staffing plans because my advise even though we're in the 11th hour is to tell them know and go back and look at the staffing plans and take out anything that does not match where you are in the program. Because if you do it now, that's being proactive and that's better than having the inspect or general, auditor general tore, state attorney, grand jury looking into
168it. You don't want to get there but we can get there. Because you know I've already done the work to start cobbling this together. They've disappeared entire partners and given their people that were half a person a full person under the ones that they're moving them to, the sub consultants. So there is a lot of waste, you talked about communications last time. What are we communicating at this point? Again, according to adkins, most everything is in construction and then it goes to close out and then you're done. Remember you were suppose to be done a few months ago. So the staffing is too high for where you are in the program. So please tell them no, take it back and have them come back next week at a special meeting all serious with their best
169and final offer, find the intestinal fortitude to do it. next speaker, laswick. Speaker: good morning, or good afternoon. Doeti keith. I'm majority women owner of keith. I'm a third generation firm with over 200 team members na serves this district and many others for many years. Broward county is my home. I'm a graduate of ft. Lauderdale. My entire career has been through broward county and keith is a graduate of your program many years ago. This is not just where I work but where I live. This is home. I speak with disappointment with aecom. However the level of deceit, greed and corporate interest surrounding this contract, compels me to speak. I believe success should be built on insteg rit and building partnerships that allows everyone to. This is an insult not only to me but this to
170district all mwb programs everywhere and to our entire community. It reflects pure greed and entitlement. Aecom has deliberate' removed two firms and significantly reduced a third firm's participation as retaliation for not being exclusive under their control in future RFPs and contracts. This is not about services no longer need, if they want our staff. This is non ethical and as well as the district itself. Even as emergency contract speaks to diversity, and vendor participation, which aecom has made sure they don't do. I stand here with an option if aecom cannot honor their commitment to local businesses and small businesses in this community, that are here in broward based on how, if they cannot consider awarding the contract properly and staffing it properly and not poaching our own teams, I stand here today and tell you, keith
171is prepared to prime in contract. You can hire a local team, keith can build this team, I've been part of this team, we can hold all consultants in place, we can ramp this down, we can ramp your schedule sxz save you money. I ask you to let's lead with fairness. this isis not ththe browd d Y.Y. I k k you keep these opportunities local and keith is here to serve you as you see fit. next public speaker is sean davis, involved business have vicente thrower. my name is sean davis of west inflorida and I'm here representing s davis and associates, the business that's been in good business with the district for more than 25 years. We head quart erred in hollywood florida, we pay property tax sxz deeply invested in this community. In addition I
172serve along with dodi on the broward board shop to ensure that broward county businesses have a voice. Fauxer over two decades, partners with the school board on numerous projects, consistently delivering professional, reliable service along with the district's mission. For the past six years, we've been a part of the program manager, owners representation team under aecom. During that time, our team has provided key services including commissioning, leadership, project and assistant project manager and senior and project accounting estimating and project compliance. Our personnel has received positive reviews every year. We were there for surprise and concern to learn only after we initialed a call that aecom had removed ace davis from this contract. This is not the broward way, we did not request removal and we were not informed in advance. this decision was made uni laterally
173without explanation. I understand our staff is being moved to other teams. While the contract with aecom has not always been smooth, we worked through challenges as a team, always prioritizing the best interest, we supported aecom in mult fibl maoegtz to help ensure project continuity and success and importantly all team members were told that when the contract ends in 2026, existing team would move forward together. That understanding was later changed again without notice by aecom. It is difficult to stand to understand why they're being removed whether our personnel performed and received stronger evaluations. This has a negative financial and business impact on our firm. It also affected our ability to participate in other teams as aecom chose not to engage with us elsewhere. Our request is straightforward, we respectfully ask na they review the and consider
174the performance qualifications. We are seeking transparency and continuity principles with this board that the board has long stand for. Thank you for your consideration. vicente thrower through pompano beach. MADAM Chair and board memebers, it sounds like it's a never-ending story. Our schools are still looking the same. I hear all the board memebers comments and superintendent's statement but, as of third generation pompano beach, my grandparents, we picked beans. And we were proud to be bean pickers. When does our story changes? Now we have a company again that is not based in broward county, and not in even florida putting people out of business. You committed to us a long time ago that it was going to be about broward county first. When does it become about our kids? What does this say about your leadership when
175a gigantic company push our companies around and try to hold uz hostage. If this county is ever to move forward and talk about doing a future referendum, all of this is going to play back. Why would the black church ever support any other future referendum and give you all the power to decide who gets what. If you're going to let a company take your word and say, okay, we're going to hold hostage and not do what you say we're going to do. To the chair, you've got to be about your word. My issue with this is once again, small businesses in broward county being pushed around again. What do we do about that? Let's tell these, that they don't want to do right, they can go kick rocks. Our children deserve to know that, that
176you the superintendent included fight for our families. Fight for local people first. And do you know how hard it is to meet this time of day and then to come here at 9:00 o'clock and try to be here also. I hope we make changes about some of these meetings because the average voter wants to come to these meetings but they work. I hope that we give consideration to hire some firms that are fighting. And I want to know before I sit down, how many of these firms participate in our community? Mlk is around the corner and I bet these people don't even recognize mlk day. I hope this board will consider stick to go what your promise was made when you voted on this the first time. I can tell you right now, I will
177be at the black church and we're never supporting another bond. Thank you. that concludes public speakers. board discussion on item 4. MS. Hixon. can you put me on the list? yes. Go ahead, MS. Rupert. thank you. I am absolutely saddened and alarmed that we are here again, and and chair leonardi had celebrated, hopefully we're not going to be here in six months but we are again. I can tell that you our minority businesses have had to fight for every aspect na they can to get into contracts and not only get to be subcontracters but also the he quit part of being part of those contracts. I know when aecom had got sean davis and keith, we had a higher percentage, don't hold me to this, I believe it was 48 percent, but I'll let you
178guys workout the numbers there. But looking at the numbers on this new one, it was lower than the 48, and I personally can't stomach the amount of pushing and shoving around that our local businesses received with this, you know, what is a better option to start over? Or have the three firms keith and sean davis to be able to put back in and have knees the same amount of business that they have. So that would be my two goals. To help this situation and not for nothing large part of our schools that are still undone are in the pompano area. So is not only have a vested interest but as a task member of that district to basically say, hey, this needs to stop. We need to keep integrity, and everyone needs to get together
179to do that. So I don't know, those are conversations to have. But I'm 100 percent supportive of our minority businesses, small women enterprises and we'll do anything that we can to fight for them. So, unfortunately, I cannot be there now. So I'm calling you in traffic to get on the record for this but I'm going to be on silent and listening until I get to my husband's important thing today. I'm here, I support them. I'm hoping for a reconciliation to happen or get all the people together and see what can be done in the amount of time and what is actually the best moving forth for the district, our kids, our communities and our businesses. So I definitely support returning the garth to their percentage keith and s davis. So thank you. thank you, MS.
180Hixon? thank you. thank you, I have a couple of questions. To goes through and explains as a condition PRESIDENT To payment, timely submit staffing things, it talks about as precedence to payment, they should submit, 12 minutes. So it all talks about staffing plans. Buzz I am wondering why, this doesn't talk about, them project being completed? So it only addresses staffing through should be language in here that says, they get paid when certain amount of projects are done. I had a pool done recently, they got 10 percent when that part and that part was done. I don't see anything in here that holds them accountable to making sure that the projects are done and we're in year 7, you know, I know a lot of people have gotten a lot of flak for projects not be
181completed. And we did get a lot of projects done in the last year and a half when we changed our coo. And started holding people accountable to getting the work done, you have 1 19 projects done in that time period. So is would like to see in this contract something that holds them to the fire to make sure. So before I do something with that, can you remind us, is there 100 projects left, is that correct? that's correct. i don't know the exact amount but it's over 100. and is there a idea of possibility of all of those projects getting done at the same time of this contract? no. so that should be clear in here. So what is, as a board, we should have a goal and we should say payment happens after certain
182milestones and I'm not a contractor, so I don't know what exactly that looks like, I would need some help figuring that out. Buzz yoo like that we all hold them accountable for is giving us a staffing plan. Because the staffing plan is not giting the projects done, it's just giving people money based on how much time they put into something. Is do have concerns that were brought up by the public speaker about this staffing plan and how many people are on here. If we're only expecting let's says half the projects, I don't know, 50 projects. Does that, staffing look like compared to what we had before? And I do have a huge concern with on an emergency contract making smi kind of changes that reduce the people who are already working and getting things done
183that are local broward businesses not being included in this staffing. I don't understand why you would make, it a short contract why would you make big changes like that in a contract that is a year or even less. So I don't know. Is did have a discussion with the superintendent, I don't know how much leverage, we have, we are also selling land and said, we will not sell it for them unlessing they have space. The idea that we have zero, we can encourage, I'm not so much about the percentage. You had have also huge struggle based on projects we have an and maybe and legal can help with that. To approve this today getting to contract immediately. The turn around would have to be quick with anybody else that the board would like to pursue
184to have a contract. But if we don't approve this today and if we don't have an approved contract with another program manager or construction group, we will have a gap in completing our working on projects. so do we not, is there no way for us to go into contracts with the subcontractors ourself and do with not have staff to manage these projects? there is nothing that revents us from doing that. If that's in the direction of the board. The team will have to work on that immediately post this meeting. I still don't know where I sit in this. But I will say that we have had aecom for a long time and we have not seen the results that we were hoping for. We did close out the smart, we don't call it the smart
185bond anymore. But we know that there are projects that we did promise, and we've had a discussion on this board since I've been here about using local broward companies to do this work that's one way that we can increase the number of students that we have in our schools, because if they're families are working here, they're going to have pride in what our schools look like and who is working in them. It's also a good way for us to be able to increase our enrollment. So not really to make any motions but I do, I don't want to feel like we're costage and I don't want to feel like we have to say, we had some discussion a year ago and said we didn't want to get in this position and I feel like because
186it's an important, there are things that have been inflated in here, and I feel like we're being taken advantage of. thank you, DR. Zeman. thank you, chair. There is a couple of things that the board needs to, I think really think hard about. One is, chair do you know what percentage of the work under this contract would be done by local and mwbe firms? DR. Hepburn? yes, contract 45 percent. so my understanding is that the 45 percent is the local but I'm look asking about about the local plus mwbe? we have executive director. And we also have, MR. Coony just a general counsel. Which would mean 72 percent is done to MS. Hixon's point. 45 percent of that is local and the balance being in mwbe. twos firms, make up the 45 percent mwbe and
187the third firm is not an mwbe? is it a local firm, the third firm? I'm not sure. if you can let us know, soon na is great. I want to go back to our principals. MS. Leonardi's point is critically important here. She rightfully said, plan c MAY not work, and I don't want to do plan c and here we are. Plan c, the principal of plan c is at least the people who are working on this, are familiar with with the general contractors and they know how to get to markum elementary school. So the idea is to retain the prime, there is a really important contract issue that we have to resolve and chair a legal question, can we tell a prime contractor who to hire as a subcontracter? MS. Jacques-adams. so with this contract,
188we are in a contract with the prime which is aecom, we're not in contract with any of their subs. It's direct from us to aecom. We nnot didiate to em, th is purely from a contractual outcome. It is under an emergency, and so you are hiring the prime and dictating to them, which subcontracter to utilize is, to my knowledge again, a legal question chair. Our job is to hold anyone we have a contract for performance use. Zoo if we want them to make best progress and MS. Hixon's pool model of 30 percent, 15 percent, I get na for the people that are doing the construction. For the people doing the program management, we will measure how fast they do tias, how fast they get things through permitting with inspections, that's what owners reps do. We
189can do that. This is a short-term project. And I think chair, this continues to have have a 45 percent set aside for firms. They're nodding, so we can ask the prime to comply with the 45 percent, but if I understand you correctly, we cannot tell you who to hire for that 45 percent. Otherwise, we would not be able to hold aecom responsible because they are the prime. They get to hire subs and in the same way that we can ask and we do, whether you like it or not, MR. Superintendent. We ask the superintendent to do things but we cannot task the rest of the 30,000 people that work here. And the same relationship if I'm characterizing this correctly, we cannot ask a prime but not a sub. yes, to that statement. and again to
190MS. Hixon's point where we did go to a prime, we can go to the prime and say something like, eagle's haven or something like 45 percent for local we just can't tell them which locals to hire. Let me finish. There is a thing in business, called compedame. do you know what that means chair? no, I don't. I think higher of you for not nothing. People na you compete with later become your teammates. And that's very dangerous in business, because those subs will figure out ho come back and win future contracts. And so, there is a broward way, the broward way is to be honest and have integrity. You've got to be ethical about how you deal with people. So the principal is going to come back. And the people that didn't get invited by aecom
191have every right and to come back and win this contract in six months. While we cannot tell them who to pick, it's dangerous to exclude anybody especially people for which there has been remarkable performance for decades and decades in broward county. But that's their choice and our option is to continue with plan c, we are a little bit over a barrel. We're going to move forward to a full solicitation, DR. Hepburn has hired some experts to come in and help us with procurement model and make sure that we follow the law but make sure that we go through best practices and I'm confidence, DR. Hepburn, can you tell us the name of the group that you're talking to or retained? yes, it is. The national institute for public procurement. terrific, so that's a group dedicated
192to making sure na we do solicitation. So not only teach us how do it the best way but how to do it quickly. And I'm confident about the team's six or so months on how to get a new one in. There is all kinds of things going on. But we really want lots of people to bid on these things. We want to establish fair and equitable practices and we have to follow the law and the law sez that we can only hire a prime, the prime gets all the rights and privileges of hiring the sub contractors even though this tragedy MAY come back and bite the prime in the butt later on, we'll see when that all comes together. I appreciate this zebs na keith and davis has provided to broward county, and it's not
193just about the last seven years, it's about decades and decades. Thank you, and I look forward to seeing your bid in six months. thank you. Before I go to MR. Cervera, I want to remind us, we have a attorney-client scheduled for 3:00 o'clock so at 3 xlok I'm -- 3:00 o'clock I'm going to go attorney-client. MR. Cervera. thank you, chair. There were accusations made by the two speakers regarding the exclusion, I think the term used was poached of some of the employees. We have some aecom folks in the crowd, I'm curious if they're willing to address any of those accusations? I have a board member asking members of the audience to come and address the accusations. specifically what was the question? if memory serves correctly, the speaker I believe MS. Keith had lodged some accusations
194of poaching some employees and her exclusion from the list, if you will, which I believe for purposes of the record is exhibit, I believe it's exhibit h of the contract if I'm not mistaken in which you identify the subs that, the staffing? If you can address that, I would appreciate it. yes, rfq, business decisions were made that required a ecom to follow-up and make its own business decision. That business decision that we made based other firm's decisions, required us to negotiate agreements for efforts going forward after the rfq. We have existing contractual agreements with cordino with bok and with garth. Our numbers are 45 percent mbe between garth and bok. Aecom is just under 28 percent of the total value of the proposal and a little over 72 percent below local firms. Our partners are
195all local firms. I don't understand of poaching. We have posted open positions. One person that had been previously cut by one of the firms applied and was hired. We posted a information, a persona plied and the person was hired. I don't know of any others that have been hired by any of the other remaining firms. Business decisions were made, we made a business decision. We are working with other firms. One is working in mied -- miami-dade and aecom is working around the area. There is still on going relationships. Decisions were made associated with the rfq starting with the piggy back. Once those decisions were made, aecom was put in a decision to make its own business decisions. We are now contractual leo blig -- obligated to the three board memebers. I'm not, I'm not sure
196if my three team members are going to voluntary tee unwind a contractual obligation that we have with them. It would become letickous, that is just the reality. It would become latigous, if we were to unwind existing sign contractual arrangements. thank you, chair. If I MAY, I have a got a couple more things, not necessarily for the speaker. Next for the superintendent, we heard again from one of the first speakers, that they would be willing and able to propose basically, the same type of work, the the same scope of work that is pending in the aecom contract for less money or more incentive. Is my question is, was any other vendor given the opportunity to fill-in this stop gap if you will? Until this fiasco can be resolved? no, it was with aecom? is there a
197reason. moving forward to get through this emergency deckation so we can continue the existing projects and be able to get through our rfq process with a good transition. does the emergency nature of what we're dealing require us only to deal with the current vendor? Does it exclude us from going outside if you will? no, it doesn't. so the decision was made just to continue with aecom for continuity purposes? correct. and I apologize, I think MS. Hixon asked this, I don't know if I got not answer because I know there were several questions lodged. If this contract is not signed today, what would happen to these projects? Are we able to use current staff or folks at our disposal to step in the choose of aecom to make sure that these projects continue or at least
198don't face extravagant ways. we're not as far as government staff, we're not staffed up with those capabilities to carry out projects. We would have to negotiate with another construction company or program manager and bring that to the board, next week. It will be, a definitely a fast track negotiation. do we have the ability to do that? You can meet with another company, you can meet with other folks and come up with whatever, terms staff will come up with, get it approved by legal, presumably legal looked at this or at least I hope they did and get this back in front of the board for a week. we have the internal fortitude to get it done. realistically, do you think that's something? in an emergency situation, I'll things are possible. so this is not like we
199have to sign this contract today or world is going to end? um, I would say we need to be in something really soon. vuz had niz conversations with any other vendors that is within in contract now. no sir. so you'll be starting from scratch? correct. thank you, chair. thank you. We have four minutes so I'm going to recess the meeting. So MS. Bulman is next on the list. thank you, chair. Well, well as we're discussing all the of this, obviously, we're in this position where we tried to avoid and here we are sitting in the position that we did not want to be in. So all of my colleagues question are pointed to how we're going to deal with this in the emergency situation. I think looking at the big picture first of all, we're
200talking about looking at the pro xaourment process and all of those things. And I think I brought this up at the last meeting, but the first thing that I want the board to do, so to have a workshop so we can decide how we want that program to look. Because we don't want any business putting an rfq out until we know what we want as a board for this program to look like. So I think that's the first priority and I would like to get na, I would love to get that on the schedule asap, so that we can discuss it because it clearly is going to require our leadership on that and what we want and what we need moving forward, because there is a lot of good questions coming autopsy. -- up. Can
201we have smaller local businesses handling this work? That's something that we as a board need to decide and give the direction to the superintendent on. So if we can put that on the calendar. physician MAY, I know we sent a lot of information out yesterday, so, a lot of information was sent out. One of the memos, we did send out, was the procurement for this particular rfq that you're talking about. The first actual action is to have a workshop with the board on FEBRUARY the third to make a decision of how we move forward whether the board would like to see as far as addressing our construction projects, if it's a, a program manager, if it's a construction manager, agent owner's rep so we have that scheduled. And timeline ends, hopefully at no later than
202JUNE. So it's a specific timeline in that memo along with the one-page presentation flier to kind of detail it out outside of a middle form. that's good. I hope that the staff will be bringing us, various options so that and well-informed options so we have the ability to make some decisions because it's going to be important that we have the right balance in place moving forward. So one thing that I saw in the contract here, that I was wondering. We've got a very hopeful one-year term, unless we, we terminate it before. It seems to me, and maybe I missed it. But, there is no option to extend this contract at all. And while I'm very hopeful that we'll have this done within the 12-month period, I think that we might want to look at having
203an option to expand in contract, just you know, maybe two different times for two periods. Like if we had two options to extend for a six-month period. I don't know how you feel about that. So we don't have to come back and be in another emergency situation. We can cancel upon written notice. It does not put us in a worse position but it would give us a little more flexibility if we do that. I would move that we, add to the omtion to extend the contract for six months, to, to six-month options. second. moved by MS. Bulman and seconded by DR. Zeman. It's 3:00 o'clock so we'll recess to attorney-client and come back to this public comment on this motion. Speaker: DR. Nathalie lynch-walsh, it seems you're putting the cart before the horse, in a
204year, they should be able to end if you're going to be paying them enough so that would be a hard no to that motion for me. Until you figure out, you don't even know if you're approving this thing. You need to be saying, no, no, no, no and bring it back. MS. Hixon identified a problem where there is no end, we just keep bleeding money that could be going to students. So take your recess and think about it but that's a hard no on this one. Speaker: doeti keith, an extension is absurd. When we say broward wai, the only broward base firm is garth. Cordino is derhe will. Aecom is international and bok is miami. You can when I go to dade, I've had an office there for 15 years, they call me broward, they
205let me work but they don't wall me local. I bobo and raised here, and operate e business here.. Seandaviviisis same. They're poaching our people, submitted to your staff on DECEMBER 17th by aecom, the staffing plan had an extra ca lum that had names of employees, the names of my employees are on here with their salaries. Poaching, staff of local firms, do not extend this contract. Don't even sign it. next couple of comment. chaner dok, subcontracter on this program. I would like to correct the record a little bit. There was some misrepresentation particularly of my firm. Bok is ba, I'm local chaner, it says I'm a broward county company. The majority of my employees including my business partner who lives in broward county and has kids in the system, says here broward county. The county has
206considered us such. What is going on here, and I empathize with everyone. But business positions were made. Had the rfqed way they would were doing. Bok would have been taken and I would property cry to all of you, but the reality is, I would have pikds the wrong situation. That's what people do here, and the business decision did not workout. Trying to force a e ko means aecom is going to try to use us. thank you. Thank you. Speaker: briefly I'm alan patterson with the cordino group. I would like to xlair fie that our firm has been in business for 55 years. We've been in broward county for 40 of those years and doing work for the broward school board for most of that time. I wanted to make that clear. Thank you. thank you.
207Speaker: voter, I'm asking the question to the board, what are we going to do? It seems to be, I have to say, I'm calling some names, I'm going to sit down, board member zeman, through the chair, is about to broward county first. Understand? broward county first. I'm sticking to this, I'm going to praoefp this every year. To the superintendent broward county first. That's my sermon question. I'm advised that the attorney general would like to request a attorney-client session. I'm asking that anyone not asked to attend the attorney-client session, to exit the room. MS. Jacques adams? tuz, MADAM Chair, I would like to request na school board con sewn attorney-client session in and for broward county in the following matter, helping advance and nurture of development of youth incopeder verse the school board of broward county
208case number c A.C. E25-018325. The following persons will attend this attorney-client session, school board memebers, sarah leonardi, chair, DR. Holness, vice chair, alhadeff, adam cervera, esquire, debra hixon, raoubeter, rebecca thompson, DR. Zeman, superintendent hepburn, tomas coon', and marilyn batista esquire. The attorney-client session was properly advertised for today. In accordance to the florida statute. The purpose is to discuss settlement negotiations relative to the pending litigation. A certified fied court reporter will record the session. Only the persons noted in the advisement will be able to attend. MADAM Chair. at this time, the school board will recess the special school board meeting for attorney-client session. 600 southeast third avenue ft. Lauderdale florida. Attorney-client session will take approximately 30 minutes at the conclusion, the special school board meeting will reconvene. Anybody not invited to attend, please exit the skaom
209at this please stand by. this special school board meeting is now reconvened. The motion was to provide for some extensions, I don't have the exact wordings but just to remind everyone, MS. Hixon? so I, I don't agree with adding extensions into this. It is an emergency item because we it's a stop-gap and I don't want to give any impression that we want to make it, prolong it any. So I don't agree with adding extensions. any other comment on the motion? No other comments on the motion? MADAM Chair? DR. Holness. great, MADAM Chair, can the motion be repeated please. MS. Bulman can you please repeat the motion. the motion would be to add the option to extend the contract by six months of two times. And that's really just for flexibility, because again, I couldn't, I
210would not want our expectation that it has to go over a year. But seeing what it happened, it would be for flexibility so we have a little bit of wiggle room if we need more time. Especially if we're going to special workshop in FEBRUARY we're already into another month before we move in the process again. okay, sorry, jeff, excuse me. I'm sorry, MADAM Chair, do is still have the floor. you do, yes. okay, thank you. So MADAM Chair, I appreciate board member bulman clarifying the motion, so the motion is to extend the contract possibly by two options. That can be exercised at the end of the one year contract, is that correct? MS. Bulman? yes. okay, great. So my understanding, regarding MS. Bulman's motion based upon her rational at the end of the one-year contract,
211we can have the option to exercise or not exercise the two-six-month options. Which would put us in a position should for whatever reason, we don't have a solid, contract that is negotiated. As we had expected even with the prior rfq then we have that option to continue. So it's not something that I believe we have to exercise but at least exist should in fact, anything else occur where we need to exercise that. So I am supportive of that because the board has the option to, to exercise the options or not to exercise the options. So I think it gives us the flexibility and withinger what happened in the past, I think it would be beneficial for to us support it. So thank you board member bulman for that option. MS. Jacques-adams, do you have anything
212you want to add? I just wanted make sure that everyone knew that any type of extension there still need to be the existence of emergency situation. So in other words, this would not be a normal contract where you give yourself the option, if the emergency would not exist, then this extension would not apply. MADAM Chair, MADAM Chair? go ahead. okay, so regarding MS. Jacques-adams, comments. I guess, I want to ask a direct question, we have before us a one-year emergency contract. Board member bulman put forward a motion beyond one year. Can this be done for additional one-year contractor can it not? I believe that it can, only because in section 2.01, there are provisions a b and c that account for that emergency situation. So I believe that it can. I would like through the
213chair, I would like MR. Coony to opine about that. thank you, MS. Jacques-adams. Discuss my voice, yes, that can be added in the condition in the exhibit emergency circumstances. So slongz the circumstances still exist at the conclusion of the one-year period that would clear the way to extend it for six months extensions. MADAM Chair, MAY I finish. Okay. So at the end of the one-year, should the board vote on these two six-month option? What would happen, what would be the right of the board at the end of the one-year? Could the board come back and by a majority vote indicate where we're going to extend for another six months if the board so chchsisis ananif therarare requirement ifif MS. Adams can weigh in? would be to have an extension providing that circumstances still exist. So
214if that did not exist then the contract would, would, the contract which is naturally expired but then if the emergencies still exist, then you would have the option to go ahead and extend based upon that circumstance. Sxl of course there are provision that's are already in there within 2.01 that allows you to terminate if you were for example extend it for six months but then the emergency circumstances ceases to exist within that six-month period, then you would have the option to go ahead and terminate. okay, and MADAM Chair, I do have comments after this motion is completed. On the item itself, so if you can come back to me later, I would appreciate it. you're on the list. DR. Zeman. thank you, I want to get down to the bare necessity of what the district
215is seeking in this contract. Which is a group of human beings that understand how to get things done who understand where we are in the program, and are very familiar with what we're doing. under perfect circumstances, DR. Help and his team are going to have a brand new competitively worded, set of vendors or single vendor that are going to take over, kind of critical role we play. We have a very very thin government staff for construction management and for being the owner's rep so we rely on the 100 or so people who rely who keep the trains running, we have a very very small staff. In fact, we have one even smaller starting today. And so, you know, these people that are currently working are a kind of a de risking of what we're doing.
216And we spent a lot of time talking about mark um or choral glades or about critical projects. These people are already here and already working. This is the lower cost option for what we call plan c get to go this point. Not a perfect solution but in my own opinion, it is my best solution for right now and I look forward to the accelerated and optimized path that you're creating. It's something that the vendor community has asked for continuously on my three years on the board and I'm glad that we're going to be making best progress to be creating that under your leadership. Thank you, chair. thank you. Any other comment on the motion? All in favor of the motion say aye. all opposed say no. no. Roll call. roll call on the school, school
217board member alhadeff. no. bulman. yes cervera? Hixon? no. holness. yes. leonardi? no. rupert? Rupert? Thompson? no. zeman. no. 6-2 fails with MS. Rupert not voting. all right, we're back to the item. MS. Bulman, you still have the floor. thank you. Okay, so. I think three hours ago, when we were talking about this h MS. Hixon MAY have touched on this. We have a very specific amount of money that this contract is allotting. So I, I'm wondering what, how did we come up with that amount? And what are we expecting to accomplish in this year through this? Contractual amount na we're awarding or that is being proposed right now? the question, I'll have MS. Colene provide some information. thank you, so the roles were based on a 55.73 time equivalent which totals 107,000 hours approximately. And
218what we hope to accomplish is to get to a point where we can have these projects completed. We do have some issues, but, to a point where we can get some of these projects closed out. okay. I mean, I would, besides the projects that we know are not going to be closed out like wickers and a couple of others, I would think that we're 100 percent trying to close out these projects this year and that's our goal, taking hope out of it and how are we going to accomplish this? I'm looking at the terms of the contract and, you know, I don't really have a problem with it. What I would like assurances for internally, and to kind of understand is who on, the school board side is going to be enforcing this and making
219sure that, our service provider is doing what they're suppose to do? I mean, you know, like we complained that we haven't, things aren't going fast enough, you know, we're not getting what we're suppose to do but we're under contract. So our, is aecom under a certain obligation in the next year to deliver x amount of work? Are we just paying them for ours and people can bill and be parked on a job and you know, finding ways to bill a job. What are we doing here? Our job is to make sure that the schools are getting the work done and that the kids are back in the kids in a better environment than when we started? So I mean, that's miz over arching concern. I don't have a lot of issues with the actual contract.
220I have an issue with how are we enforcing that and what are really the expectations of the work product that we have after one year? yes, so, thanks for the question. MS. Coli is our executive director of construction, so she'll be the main person that is work withing ae aecom. I don't know if you have anything else to add on that MS. Scully. I'll add that some of the things are outside of aecom's control but we're addressing the issues and we're trying to provide information how we're going to move forward within this period. and when can we expect that plan? I would like to see, I think I think it would benefit the board to have the plan very soon, so that we can follow what it is what it is that is suppose to
221be happening instead of getting updates that things are not going as fast as we thought they were because we're just kicking the can year after year, how are we holding everybody accountable. Can we get a plan and a schedule that we can actually follow? I wrote a thing about rickers, it's not coming to us to ask what we're going to do to get this done. It's just oh we're having our problem with xy andzand therefore that's why we can't get anything done. I don't think that's acceptable. i think we need to be moving everything all along. So the more of us that are engaged in that and the more that we know, the better collectively, we can make sure that that is happening. You know, and another thing, is are we? Are you, are we
222bringing other people into the department? To help her? That's a lot of projects? That you're going to be managing by yourself. naz a discussion for this week in light of everything na is going on. The discussion for this week to kind of solidify how we're going to operate within that division moving forward. so by next week, we should be able to have an update how we're going to be dealing with this department? and correct me if I'm wrong, there is a schedule, has a schedule for, for the projects that we spr under construction right now. correct, we have to match up. so we'll work together off line to figure out what is the best comprehensive schedule that we can get to the board and then, as usual provide the updates of at least, there is
223something, that you have comprehensive schedule to know what should be complete by what time frame and the updates that are often in the spotlight to compare. I see that we're using trimble, I'm wondering who has the fax machine that is taking all the certificate of this insurance. Is that how we're gathering information still? please excuse me s can you repeat that question. to, 2.1 1-d page 9 all certificate of insurance have to be faxed through a fax machine. I'm just wondering if that's really true? this language comes from the risk department as well. So I would say that it is valid each contract has like a different, requirements so. so the irs public schools and police department are using fax machines? Okay. But you know, I appreciate it, DR. Zeman's comment sxz I'm not unsympathetic
224to the current situation that we're in. And again, you know, I just, I hope and I cannot express enough how important it is for us to get a proper procurement procedure moving forward so that we're not in this position again with room full of broward county service providers that are, very unhappy with us. So I apologize. Thank you. thank you, MS. Alhadeff? thank you. So, I have some concerns in regards to a board member follow-up that I received in regards to, I guess, it's not directly for this contract but it is in rarz to the rfq and connecting that. So aecom from what I'm reading in this board member follow-up, they've never been penalized or had any fees held for failure to perform. I cannot imagine that. So when I asked for them, they couldn't
225get them to me. There is no provision right now in this contract. It has to be mandatory that we put in penalty to protect the district. If there is failure to perform a consequence. There is been delay after delay after delay and so, I'm looking forward to seeing these evaluations, to see what is in it. Right, because it speaks to, non compliance with standard operating procedures and acura sees and reporting. Well if we need to move forward, then we need to do that. There is some low-hanging fruit. Obviously, this is an emergency but DR. Hepburn moving forward, we need to put these penalties in place and there needs to be consequences and if there is failure to see perform, then, hold them accountable and then there is needs to be fees withheld. And stop wasting
226taxpayer money, thank you. DR. Holness? thank you, MADAM Chair. So I, is would like to comment on board member bulman suggestion of some form of progress monitoring and I know DR. Hepburn, you responded to that. Did you have a sort of consistent, every three months, emergency contract, and is it possible that, board bulman knows exactly what is intended to be accomplished in the one-year and can the board be updated, say every three months? Or whatever the board deems necessary as to the progress of in terms of projects. yes, I'll ask MS. Coaly who is closest what is feasible if it's monthly, every couple of months? We give a comprehensive update based on the master schedule for this year on this current emergency declaration of contract. What is intended to be in that one year emergency
227contract that we have from that year. And from that point, update us every month as to the progress of intended project for the one year, projects rather. yes, wewe cacan dohat. O oy,y,soso I haha a few more questions. DR. Hepburn, this is considered an emergency agreement as a new contract, correct? Not an extension of a prior contract? correct. what is the level of firms? 45 percent. and what is is the level of local firms? I think it was 72 percent. I know board member zeman made comments regarding the board's ability or right to to sort of demand or in a contract, so general counsel, is the board violating any law? In short, no. However, this would be negotiation and so, aecom MAY say yes or MAY not say yes. So this is a point you
228MAY request and then if it accepts t goes in. If ne don't accept it, then you don't have a contract. And whatever the percentage is for local firms, does the board have the right to be involved in sort of weeds of that type of negotiation. Or the board limited to aecom for the percentage requirement by the board? I was not clear as to your question. It seems like it was the same question but obviously it's different. So if you can restate it so I can understand clearly. okay, so the board required a percentage as well as local firms. Beyond that, does the board have niz further to direct aecom into how they choose specific firms? Or is it through requirement. the latter of what you said, sir. Go ahead. so just to elaborate, on what
229you said, you basically repeated what I have indicated a little earlier in the meeting. Where you can make a request for a certain percentage participation however it's up to aecom to determine who their sub contractors would be. And interfering MAY mean interfering with their means and methods. So, right, and that would not be within the board's right to do that, is that correct? I would advise against doing that that MAY lead to other issues within the contract. so it seems that they have selected as the firms in terms of the 45 percent and 72 percent. Would it be possible that I can hear from the aecom from mike, from aecom that this is accurate for the record? MR. Mac entire? we thought it was just the right thing to do. our local percentage is 72
230percent of the proposal value, aecom has 28 percent. through the chairs, those are the three firms that are partnered with aecom with this agreement. All three of them are under agreement with aecom at this time. And the percentage is laid out in the proposal or within their contract documents. So the commitment is solid for those percentages. They have, they are guaranteed the work and guaranteed to meet that percentage of the contract value. okay, thank you, sir. So my final comment, MADAM Chair, is that any decision of this board today is about the best interest of our students and our staff. And DR. Hepburn, did mention the importance and how extension that is. In an emergency situation, I think time is of the essence and there is no time in my opinion, for learning the curb
231or to restart this process. thank you for bringing this forward. thank you. Before we go to the second round. Would I like to make some comments. First, was this a direction negotiation or competitive. direct negotiation. so I would like to be clear, would I like to get some clarity from counsel, in a direct negotiation can we ask for any terms that we want? so, just to be accurate, this is contract that is entered into a result of an emergency. so we can enter agreement, that's something that we can ask for correct? that's incorrect because now you're asking them directing them to select their sub contractors. That's a little different than asking for a provision, requiring them to do something for example within a specific time period, that would be like requirement, you would negotiate but
232what you're asking for is you're dictating who they should hire to be their subcontracters. -- sub contractors. you used a word that is did not use. Which is direct. I asked specifically can we ask them that the current team that is on the current contract direct. Not direct, can we make that request? so I would stay away from those types of requests because it goes into their means of methods. okay. I agree with MS. Alhadeff's recommendation to have penalties and consequences for failure to perform. This is something that this team has asked for to have bench marks and things like that. Did we explore, and I believe we had had the answer to this before. Did we explore other options other than aecom? that's negative, MADAM Chair. did we hear from other firms offering to
233do this work? yes, I think I received an email from one specific company. okay. how does this compare? Can you speak to the comparativeness from the rfq that we rejected versus the rates now? And also on the rates that we're currently paying. the rate that we have now for this extension are in, our comparative to the rate for your sixth. There were two increases, for staff, I cannot recall which ones they were at the moment. director of procurement and construction and of course assisted general counsel. And if there is anybody else that I missed, I know those are the main parties we started with. are any of those individuals currently under investigation now? currently one? so my position is not on any of the firm, my feelings, and I think we've heard this in previous
234meetings from some of my colleagues, is MS. Hixon. I would like to ask questions and then I would like to make a motion. Base on adkins schedule, how many projects should be completed by the end of this emergency contract? we would have to provide a follow-up for that, I don't have that information readily available. I need that in order to make my motion. So in order if you can get that report and share it with us in the next couple of minutes. until the next year, what do you believe is a reasonable expectations of projects that will be completed under this, this contract? my recollection from looking at the board this morning, I anticipate 85 projects that are in the neighborhood of being able to close. There are two types of closing of projects. There
235is the end of construction, where a project receives 110 which means sub stancing complete where the building can be used. So the contractor in essence is done. The project lives for one year. That one-year warrantly where the architect does not receive final payment. So the project on the district's books is not closed from one year, past the date that we received 110 and that one year period is when we obtain a 209. So those are the two steps. Two step-closing process. We have, we have an entire list of proj ex that have been on the verge of 110s. That have been stopped, 21 projects are in legal limbo right noi because of litigation. Whether it's a contractor in litigation or arc deck in litigation and the project, I don't want it say comes to a
236stop but slows down. And then we have 42, 43 projects that we have fire alarm proj he can. We're on the projects are on final inspections. Literally final inspections, fire alarm is the last inspection done before the building inspection. And the fire said, we need more devices installed. You've seen all the change orders. The dollar values are never huge dollar values, it's still money and it's important money. But the time element, on a minimum is 8 months when that happens. So we've been at 5 percent of projects on the verge, on the verge of closing when this final inspection said, stop, you need to add 25-35, 45 devices. We have projects where readded 105 devices. There is an entire process now that has to go through. So that is is dragged a lot of these
237projects that are at 95, 98 percent. We're getting over the hump on the fire alarm issues. We've gotten past the process problems. We're doing the fission work. The contract is doing the work. And once it's done, we will have final inspections. I expect a huge block of projects, somewhere in the 80-range to get closure. Then we have a lot of projects that are in construction, meaning, meaningful construction at 20 percent. They're going to go past the year. They were scheduled to go past the year. We have other projects that are substantial in nature coming out of design going to construction. They will go out to 27 because they're fairly large. Markum is one of those that's got substantial work. So there are a lot of projects that are on the verge. There are some projects
238that are going to naek past the year and some that are scheduled to go longer because they started late. They came out of design late. Late determinations of what the scope would be. There is a mix bag but I'm anticipating looking at the board and we update the board every day. It's a board that sits on our cam pisses in the office and it's updated continually. It's opened for the world to see. That's what we need to do, we need to look at it and challenge it every day. So we're anticipating somewhere in the 80, we're comfortable with. We can get more if we can get over the hump on this fa issue and if we can get over the hump on the legal issues, those that are in litigation. thank you. So 80 projects
239and is that in correlation with the adkins schedule? Do you work? yes, more or less. So we work on, what is happening in the field and what it tells us. Adkins is working on, a number's play. How many can get done based on history. So they're looking at historical data. We're looking at what is the contractor doing. Who is in litigation. What are the inspections doing, what are the inspections causing. So we're looking at day-to-day facts and adjusting, where projects live in the scheduled world based on that? thank you. Did we get the adkins schedule yet, do you have the answer? MS. Carpenter was leaving but she turned around to get that information. okay, it's going to be important for the motion that I'll make. I'll go with what MR. Mac entire right now and
240we'll go for that. So I would like to make a motion to add a 3.30 section which would be the last section of the contract to call it the project t coletion agreeeeme. And d I woululd kekehahat and I don't, I'm noa lawyer so I don't if wordings would be, but that, aecom agrees to complete 80 projects within the time limit of this contractor they will be assessed a late fee and I don't know, my colleagues can weigh in on that or you know, I don't know all the pieces to this but I'm not okay, agreeing to this contract and I believe my colleagues have all said the same thing here. So I'm just making a motion based on that that we're uncomfortable without having something in that contract that hold them accountable to a
241time line. So if there is a better way to do this this, you can tell me that but I would like to add that section in here and call the project completion agreement. We heard that they can do 80 projects so we'll base it on that for right now. And then, have it assessed as you already discussed every month, where they are on that and I know that things maze come up that are not accountable for in terms of different things. So, I just think we need to, to hold them to a number. And to be able to assess some responsible and accountability if they don't make that number. is there a second? moved by MS. Hixon seconded by MS. Thompson. Public comment on the motion? DR. Nathalie lynch-walsh plantation florida. It gets very frustrating
242to be me. Because being of course you're getting reports. Both aecom and adkins generating them every month. I don't know where they go from there. I used to get them, the facility task force used to get them. They're now online. NOVEMBER is available. I sent you a snip it, showing that you you had 113, according to them, projects in construction. They're absolutely scheduled showing you the anticipated substantial completion and other dates. All of this is documented. None of this has to be hearsay or people guessing, there is no need to guess or second guessing. I do know why you don't have an answer because the running joke is I was the only person that was reading these things. the people running facility should be reading. But I do support the motion. Thank you. keith with
243keith. You're looking at a 15 million dollars contract here today. You don't have a work plan, you don't have a schedule. This is amazing that you don't table this for a week and I completely disagree, your counsel. I contracted with this district and so many other districts that you absolutely can ask my consultants to work with whatever with folks and they already have relationship. You can actually ask anything of them. If you don't, you go to somebody else. You should show in the staffing plan as I finished some of those folks watching that work should go away. This is not sufficient to approve today. Many of you know our team. We actually have classes right now. We stand ready to support the school board with execution of these projects. We have our experienced team leaders
244here, john, he's done over 150 single register project delivered in record time, less than two years. On the program lead business margaret garset with a team of 8, worth 95 million dollars in less than two years. Thisest saved the district millions of dollars through efficient delivery and so we remain ready and willing to deploy our services to help you. Thanks. bok subcontracter to aecom. Is would like to make two simple points. My apologies, you're being asked to do something that is very treacherous, I would encourage to you take your counsel's opinion. The idea that you can be asked to lobby, try to negotiate for specific firms who do not have a legal right to give opportunities is not treacherous, I agree with you. Broward is an amazing county, buzz which firms should you tell aecom
245to hire. The other point that is being missed here in regard to timing, the employees that I have there, when they're gone, let's say some other firm, the gentleman that just spoke, kudos to them. Let's say that they step in, are they going to step in. You have people that actually need to do work. And if we're taken out of the equation, that's why we were negotiating because you want today continue this in the absence of successful rfq. thank you. michael mac entire through the chair. We do commit quarterly staffing updates as projects ramp down, staffing ramps down. This proposal submitted as -- MR. Mac entire please speak to the motion. on the penalty. yes. I understand your concerns regarding the penalty. The details are what are we responsible for? What would any owner rep
246be responsible for? These are projects that under way. Permitted, they're adding scope as the work is going on. The conditions that exist on these projects have existed. If we're not performing, meaning we're not doing the things we should do, contractually, we should be able to go. Every firm should be held accountable for for what they're contractually responsible for. I agree to that. on MS. Hixon's motion, I have DR. Zeman. thank you very much. I have a slightly different way to do that and I'll come back to that later but there is a structure problem with putting this in the contract two problems that I can tell you about right now. One, can we revise the contract today and still sign it today? Terrific, so that structural problem does not exist. Sometimes we get contracts already
247signed or we have to approve them and we have to go back. I appreciate that. The second is that ae come is is the program manager owner's. To the superintendent do they schedule inspections? MR. Superintendent? do they schedule and perform inspections of the work that's been done in the field? we have department, building department. do they write the changing fire alarm codes? no, they don't. do they change other codes? no they do not. do they change the scope that often comes in? no. the problem is if we want to hold them accountable, we have to hold them for what they're responsible for. And in a program manager, does a lot of great things but they don't xwlaoet buildings. They don't know what con complete looks like, they can put it in a spreadsheet but they
248never afford it. We have a problem which is if we say, we want projects when they don't do that. They no work in the field to my knowledge. I know, that's true. They live on light boards and spread sheets and review documents, they identify problems, they come up with solutions, they estimate costs overruns. They do change orders and they do all the things that, that the kind of grease to try to get things done. But they don't do any construction work. And so when you're under, working at a peamoore and the construction company gets busy on another project and they take two weeks off, you stair at dirt for two weeks, there is nothing that you can do. They're busy and they have to do a lot of projects. So we have to think about
249the things that the pomr is responsible for but it's not complete projects. Another way to do that is to ask our staff to track, there is 47 projects that have over a million dollars of work remaining to do. Those are the kind of bigger issues, the rickers and markums, they have north fork has some over a million dollars. The projects what the public and us should be concerned about and they should be concerned through substantial completion. And if what we did was create what has been in the business for 25 years, which is a single display, that shows here is the base line, JANUARY 2026, what is suppose to get done out of these projects that have a million dollars left? What and a scope and then fix that base line, and you do not
250ever fix that base line. And every week it gets updated and the public and us can see when there is a scope increase, a change order that increased the cost a time delay and there is little bullets that explain all of those things. That's one way to hold aecom responsible for what they do while also holding a general contractor responsible, holding the building department responsible for getting inspections done. There is a lot of players in the business and I did not go to the design phase with all the design and engineers who screw up every once in a while. They just do. So an alternate with the contract, for what they don't do would be to get this done. We had this 25 years ago. But they're working on a white board, is there a
251school board member that has been to their building to look at their board. That's not a fair question. but that's not a 2026 way of managing, that needs to be digitized it needs to be put online, and you lock a base line in, that's it, 47 projects over a million dollars left over. Get it online by a specific date and every week the public and I can watch and see it done. That's why when we come back to these meetings, and somebody, and they're tracking, in one click in the middle of a meeting, they can pop it up and see exactly what happened. That is, it is so maddening to be in 2026 and to think about MS. Alhadeff saying, we need penalties but first we have to get the data and we have to
252have the people that are responsible for delays or or cost overruns for some reason. Student and staff want to get their buildings done, right? Like the kids at choral glades want the auditorium done. The kids who should be affirmative building would really like a building one day. It's not just MS. Alhadeff and MS. Hixon trying to get the contract right so we can hold people accountable. We can only hold people accountable when they have that data available and everybody is held accountable and it all comes down to three variables. So if you lock a base line and report any change on a weekly basis, there is no more anymore. Do you don't have to get all the dpsh because it is on the dashboard. It's a way to seal this contract but it gives us
253far more than just a paragraph and a contract and right now, we would have to get the prime to agree to that change in the contract, I'm not sure we can do that in today's meet ing. But we can demand that our staff can do this display and we can then track everything we need to about the big projects and laser focus to your question MS. Hixon on what is suppose to get done. This will show you in 6 months, 12 months, 18 months, in every district school board member can track what they want in their district. The public gets to see it and one of the cool things about these systems is it puts an equal amount of pressure. So if you see your architect on it. If you're the engineer, you know. So
254there is another way to do this that doesn't, doesn't kind of jam it into a contract because I don't think the pemore can be responsible other than making sure that the date is correct. They don't do any of the construction work, they don't do the architecture work by enlarge but they do the staff work. That's the only way, I'm sorry MR. Superintendent, how many people do we have working in the construction people who are either doing program management? MS. Cooly? three. three! In a system where we've got 47 projects with over a million dollars worth of work left. There are three government employees supervising. So all the scheduling work all that is being between aecom and their subs and adkins. And one way to get us to see this stuff which I think the public
255is really demanding, they're tired of being, with all due respect whoever produced thaoz spread sheets they're very very useful. But if I live in margate and I want to know if my library is going to get done, there are much better displays to see what they care about. So one way is through the contract and another is to force these displaces but these are commercial' available. It takes the data and puts it up into a display that consumered by the public. thank you, MS. Bulman? okay, I need a little clarification. I appreciate your comments. I'm looking through, I started asking, we want accountability I think, it's the over arching message here. So each of us has gone through this with some kind of a suggestion. And I'm looking a little bit deeper in here, there
256are staffing requirements in here, so that's something that we're going to be looking at quarterly so as we hopefully are winding our projects we need more staff and we're not going to be building and they're just not going to be sitting there putting their 40 hours -- but I guess the part na is missing here that I don't really understand and I appreciate, I think we absolutedly have to have that point that we can see what is happening in realtime with all the proj ex. Buzz there really is no meat and potatos in here about what is expected to be done when? And I understand that there is delays and things of that nature, at this point, it's hard to tell what a, what a de fault would be? Like unless you just failed to
257provide a couple of these deliverables and you don't, get the staffing report every three months. Is that the only way na you're in default under this contract? I just, just looking for, I think we're looking for a way to give. To MS. Alhadeff's point, we want to give the public some confidence that we're on it and making sure that this is going forward as smoothly as possible. You know, he can't afford to have this dragon and on and on and just be fed the same, you know, update but without any real results that we're seeing. How do we, how do we add to this contractor put something in place so we can have guard rails so we can make sure that these projects are getting completed anytime lehmaner? so through the chair. I think that
258there are additional scope in here that is within the rfq that is referenced within here. Because the scope that you see in the body of the contract, is not the only scope. The way that when you have a contract that you try to get the contractor to do certain things, is to add a deadline. But then, to MR. Zeman's point, you have to put a deadline to something na is doable. you know. Thth 25 dadays of the dada ofthe affective date rereement, you should provide me with this deliverable for example. So if there is something with regards to certain scope that is within here that you would like to see within a time concern, or some other parameter, that's how we could accomplish that. right, because so, so rfq is referenced in the agreement buzz
259we -- but we don't have a copy of that. We don't have a copy in this item. So when I'm looking at it, there is the contract and we have old contract which is the addendum contract so there is no easy way to reference as we're just sitting here. And if we're referencing the 2020 rfq, those are were in existence in 2020. We're now in 2026, again with the same issue. You know, we're just trotting along. Dragging that along. There is got to be a ways that we can have some accountability schedule wise. so through the chair, if MR. Coony has any ideas on this particular matter? I guess, if we want to incorporate some additional terms as far as potential ramifications of not performing timely or like that of that nature. It's hard to
260capture that based on the complexity and the level of the deliverables. The language that talks about performance and evaluation does not have any penalties associated with it. And what really does contemplate would be termination would be the penalty if you're unable to deliver the program. The obligation to see continue to provide the monthly update from internal staff from aecom is in the contract. But I'm at a loss to add additional language. I think, you know, if the pult -- ultimate penalty is termination because the board determines they're not performing, we would have to agree and separately to a scope or timeline or something that we would use internally to determine how thao is working, that we would work with them schedule wise. I don't know if that's reasonable but if we have a list of
261all our projects and we take the tab like DR. Zeman said, we have 47 project. However we want to arrange it but we're paying attention to that and we lead aecom so they are fully aware of our expectations and then we go from there. We have to work with them to get this done. But it can't be just like, we didn't get it done and now it's 2026 and now in the rfq of 2020. There is going to be a way to enforce. Otherwise, we have a captive with no recourse. and through the chair, would I make a suggestion if I was to clear as to the entirety of the scope of this contract. But I don't know that as I sit here. so if there are specific things that you would like to see
262with in a specific time period that can be articulated. But then what was pointed out by DR. Zeman what are you articulating? What do you want? Within what period of time? What is the quantity, if you will? I don't think we have that information in front of us to have an intelligent conversation about it. So maybe it is something that we need to workshop. I think, I think the board collectively, I think most everyone that has spoken wants to have some way to hold this construction program accountable so we get these projects done. This should not be that difficult. thank you. Oh there is other people. MS. Thompson. thank you, chair. I know, we currently have a motion on the floor and I hear miz xlaoegz concerns about accountability and not having enough information. I
263personally feel this item needs to be tabled and brought back with accountability measures put in with exact timeline as best we can or to hold aecom accountable, we're doing a lot of guesswork without being able to name it. So I don't know if that would be a subsequent motion to table it or if I would have to wait until this motion is passed. MS. Jacques-adams. one thing you need to consider is the expiration date of existing contract. I'm not sure of of that date, it's JANUARY 17 of 2026, that have been a consideration in light of the emergency that was declared by the superintendent. okay, can you opine about whether MS. Thompson needs to make additional motion. I will if that's your pleasure then there needs to be a deadline to that that keeps in
264mind that the existing contract expires on JANUARY 17th. so I would like to make a motion to table this item and to a special school board meeting on the 13th before the workshop to include accountability measures project deadline, complete list of every project that is needed to be done in order of how much is left, like DR. Zeman stated, there is about 47 million dollars of over a million dollars. And if any of my colleagues want to add details but this knees to be a comprehensive so we're not spending three hours guessing about what accountability MAY look like. second. moved by MS. Thompson seconded by MS. Alhadeff. sorry, go ahead. MR. Sullivan. I just wanted to add, if you're going to do it after the 13th, I would ask that you do it after workshop
265because the students are first. that's fine. public comment. DR. Nathalie lynch walsh. So the original was done in 2020, none of you were here, no I take it back, couple of you were. So we had resolving executive director of capitol program and currently you don't even have a facility chief. However, this would buy time to find out, because there were accountability measures written into the rfq I don't believe they were followed and enforced and if memory serves the evaluation tool, it MAY not have been brought back to the board by possible sam base. So if you look at section 6.5.2, in addition, during the quarterly reports, if you MAY not be able to find something that staff did. So 6.5, 6.5.2 and 6.6 performance base fees also in there, don't know what happened to that
266concept but that was written in to protect you guys from all of this. michael mac entire, aecom. Through the chair is it possible to move the contract forward and come back for the amendment, if if the amendment cannot agreed on, you can terminate for convenience at the time. that would not be any motion or anything I'm comfortable with, but thank you for the suggestion. chaner, I want to make shoe points one is very relevant. You have currently and always had and in this extension, this emergency agreement you have a termination for convenience cause. So the standards you use to exercise accountability, you don't have to explain that to tuesday, you literally if the board so desize can go, you all are not perform, whatever it was made. Sxuk terminate. And the other thing is there
267are real people involved. We can debate but let's say, 100 people, most of them I and my partner have spent weeks that they would at least have understanding of what the circumstances. If there is not an agreement it's questionable whether they have a job on the next day. I would ask that you give consideration, the emergency was established in order to avoid a circumstances making a decision three days before the contract is terminated. any other public comment? Speaker: there are real people involved, my staff. I'm in favor of the table. I started this many hours today, telling that you keith would stand up and sign this contract as prime. And is would get it done for you. Since that time texp showed up and said they would step up and take this contract as an
268emergency and get it done for you and they've done other work for you. Table this for a week, there is no rush. If you're going to change it t change it the way you want it. There should be accountability nobody should give you the reasons that the school is is not done on how to move it forward. Whiz hear board member saying I have pages and pages why this school is not done, real reasons and I've been part of it and my team has been part. What is is the solution and how do you fix it? And what is is the timeline? If ae come does not do that as a team. If we don't find the solutions if we don't put them forward, table it, take your time, let your superintendent try to negotiate.
269See what you've got on the 13th. thank you. any other public comment. Board member discussion on the substitution motion, MS. Hixon? thank you. I agree with tabling it, so agree with tabling it. Tuz for that. -- thank you. It is very important that we add the accountability piece to it. So I said this, a thousand times. It is not fair that somebody comes to us and says, it's an emergency you have to make this decision today. It's 15 million dollars and we spent 123 million dollars and the project is way past due what it was suppose to be without having these accountabilities measures in place. So I agree with postponing it. I still wanted to come back with a 3.30 section in the contract that says project completion agreement and whatever that section looks like
270in terms of, what the scope is or you know, what we can hold them accountable but I'm going to say this. They're a project, managing, company. We're hiring them to manage the project. So I all I keep hearing, why i cannot hear that. If we don't at some point, hold them accountability they can push it off. But if you know you're going to be accountable in the and contractor says I'm not going to be in this job for a few weeks, it's going to get a different contractor or to have a discussion or maybe aecom charges them a fee for not getting it done at time. But to push it off, and say this is an e come, that's not fair because they're managing the projects and this is the only way that we can
271do that, money, tends tends to be a way to make things people done. We have not done it in the last seven years. I'm not willing to walk away from this contract without something that makes them as project managers, make sure that the projects are getting done on time. And I don't, I don't agree with the fact that they can't control a lot of things, because they can't but they can, as just mentioned be a problem solver hon on how to fix t whether it's coming to the board, light a fire under your legal, or building department. Buzz to just keep saying, it is not our fault. That's how we're, we will end it here. And I'm not okay with that t.I think it makes sense to wait and come back so that whatever we
272put in the contract is there. But not putting in the contract will not make them do it t.I still like what DR. Zeman, that piece we should be doing anyway. but that does not hold anyone accountable it's just a list things they should be getting done. We're not doing anything to change it and we need to do something to change it. We cannot keep blaming everyone else. We continue to let it happen. I'm not willing to do that anymore. Thank you. any other board discussion on the substitute motion? I have some -- my hand is up. go ahead, DR. Holness. I'm sorry, did you say I can go ahead. yes, go ahead. okay, great, thank you so much MADAM Chair. Is appreciate the motion, I appreciate the concerns of accountability and I think accountability should
273be in place. However, my concern is that time is of the essence and I believe as a board, we could put that accountability in place today as opposed to delaying for other seven or eight days. I know board member hixon made a motion, there were some concerns business DR. Zeman. I believe that we can still have that accountability in place today. My suggestion which would be somewhat similar to board member hixon and I MAY try to make a substitute motion is that aecom is a accountable for completing at least 7 projects each month when they update us on the progress. and during that update, aecom can indicate any challenges that would delays the completion of that number of projects monthly. So, MADAM Chair, I would like to hear the rest of the board memebers and
274then make a substitute motion. we also have a substitute motion, on the floor. got it, no problem. So that would be my suggestion that we hold aecom accountability for 7 proj he can a month and they indicate the challenges they're facing as to whether or not they would meet that average monthly. thank you. And before I move to MS. Alhadeff, I was advised by council that we do need to specify a time in the substitute motion as MR. Sullivan said, we swr a workshop with students and recommendation was to do it after or after the students. I'm looking at the schedule, it says we're suppose to end at 4:30 which that day is I'm sure is optimistic. So I'm not sure. Maker has a specific time. there is a closed door that was added so
275now we're scheduled to end at 5:30. and is that okay to the maker of the motion. sorry, guys. Yes. okay, so 5:30. Go ahead, MS. Alhadeff. thank you for your remarks and MS. Thompson for this motion. I will be supporting it. My comments are to aecom. I was very priced that when you came up here that the number of completed projects throughout this time wouldn't have been 100 percent. We're talking about 15 million dollars. 15 million dollars this is, there is been extensive delays after delays after delay. And I feel like I was hearing excuses on why things cannot be done. Because if it cannot get done, you need to find somebody that can get it done. We need to stop wasting taxpayer's money. Is there anybody else that would like to speak. I have
276some questions that will help me vote on this motion. go ahead MS. Rupert. I don't want to interpret you. go ahead. I joined, about 40 minutes, so been a surprised on what is going on here. And 100 percent am for tabling to a specific time for next week. 's oughgh of the wining excuses after excuses and we need to make sure that there is nothing else but to get this done. And I don't really have much confidence currently in the aecom solution however, we're sort of, kind of, stuck and I don't think I want to be there. Things need to drastically change and I support the amendment. I will definitely support the motion from MS. Thompson. I was trying to second it, so, but I do have a question that is not on the motion.
277so I don't know how you want to handle that. go ahead. I know that garth are still in the mix of things. Is is the percentage for caridino and garth the same amount that they had in the contact that is going to run out JANUARY 17th? Or is it less? And if so, what percentage less? you have the info? go ahead MR. Mac entire. mike mac entire. Boc at 27 percent and garth at 18 percent mbe. And the prime aecom is at 28 percent. 28 percent and this is for the proposal that is here today? Correct. Those are our numbers and our agreement carries past that rfq. So contractually those are the numbers that we have. okay. Okay beinger these are numbers that are included, garth has always been at 18 percent? They were not
278higher? garth was, was lower and then higher, lower at one point and then higher, they are lower now than they were in the previous year six. Bobing is higher than they were. could you tell me how many percentage points garth was? and, what was aecom prime number for the existing one and not also sorry, my briefcase went with my husband. I'm sorry that I have to ask these questions. if you want MR. Mac entire you can give you the numbers. aecom was 25 percent. And now we're at 28 percent as the prime. okay, I don't need to editial. garth was 18, I believe -- my MAY MR. Mac entire. To have accurate numbers. I have it in front of me. Garth we're talking about current contract we're in right now, 23 percent. Bobing 20 percent.
279Sda5 percent, keith 10 percent. Aecom 22 percent cordino20 percent. so the, the ones that were, omitted from this, which would be keith and also s davis am I missing another company that was, omitted? no. So I'm assuming that some of the percentage came from garth and. no, the garth percentage went to garth, that's why we're able to maintain the 25 percent. okay, they had only 27 percent and now they're above. boc is 27 now. okay and what was it then? I'm sorry? 22. 20. okay, so the difference went into, into to bok and ae come and garth is at lower rate? So is know, that's a wmbe it's interesting that even though you're keeping them you reduced their percentage. What was the factor in that? we had a conversation with garth back during the rfq
280stage. Where she informed us to be asked on all the the teams. I told her I appreciated her honesty and we were comfortable but because she was no longer committed that her numbers MAY go down. and we allocated those numbers across the mbe. okay, I think I heard enough. I got what I need. okay, before we go to round two on the substitute motion. Is would like to make some comments and ask some questions. I would like to go back to we were told that in a direct negotiations, asking for, the current team to continue would be a violation of directing me and methods. I guess my question is, is directing percentages for mwbe participation a violation of means and methods? No because you're asking for participation. so my purpose in asking the question about
281asking specific, asking for specific firms to be on a team is not because I'm interested in doing tha. I actually, I want nothing to do with that. I think that gets us into dangerous therapy but every other entry is able to do that. I say that to say again, I'm not confident in this process and information that we're getting. As some colleagues have said in order to vote on a 15 million dollars contract that I believe, several of us will not be in this information today in order to vote on that contract, I need to be confident in the process and the information that we're receiving. So I hope that if substitute motion passes, to table this and to get more information and add certain things to contract I hope that we can resolve and
282I hope that we can have the confidence next week. ms. Alhadeff. yes, thz thompson, -- MS. Thompson, yes I have a recommendation, yes to table but bring a contract to negotiate with aecom and any other company that can put something together and negotiate with the superintendent. MS. Jacques-adams. there is no prohibition to negotiate with anybody that I be accomplish it. My only thought is please keep in mind of the deadline when this contract expires. If you go beyond that date, is this truly an emergency? If you're negotiating next month? Is this truly an emergency. So that's the only caveat I would add is keep keep in mind that this contract expires JANUARY 17ing. -- JANUARY 17th. so MS. Thompson would you like to add to to your motion. there would have to be limitations that
283they would have meet. I'm fine with that that, that gives us broader scope but most important thing is the accountability measures and a fine if that's possible. So any negotiation would have to have a very detailed definition of what accountable measures are being taken. What our ramification right side. Just ending a contract gets us to the information of where we are. So if legal council says it's fine, and if there is a way to limit it so it still comes back on tuesday, whenever it comes back. That's fine. again. and just to before I go to MS. Hixon, staff is willing to move the two budget items on the workshop to a future meeting, so if we can do that and then start this at 3:30, but if there is objection. No objection, okay we'll
284move the budget items and move this to 3:30. Go ahead MS. Hixon. I was going to make a different suggestion. My suggestion is to make it a special school board meeting on a different day. We have a lot of things crammed. I know we don't like doing it all the time but doing it on the 12th or wednesday the day. We've been at it for 3 days and to think we're going to be done like that is not a realistic expectation. So if we did a noon meeting on the 12th as opposed to trying to squish it at the end of a workshop. Our students and our committee members, they deserve the time they want at the beginning and we're going to be anxious to hurry everything there. MR. Sullivan. the only thing that I
285would caution with the 12th and maybe some jacques adams, it's a special 48 hours, before would be to thursday to post the item and I'm not sure staff would be able to accomplish the item by thursday. I can't do the 12th. we can do the wednesday. again just to let the board know, wednesday would give staff more time because the item would not have to be posted until monday. is there an objection to moving it to wednesday the 14th. the 12th. I need to be in carl springs in 3:00 so I don't know how that works. that's three hours. is there an objection to wednesday the 14th at 12th. can we do it at 10:00? no? go ahead MR. Cervera. if I way. -- if I MAY. Next week, when we have workshop we're eliminating
286all the budgetary items. not if we move the meeting to the 14th. let me finish the thought if I can. On the 13 south, initial proposal was to remove the district budget update for the supplement and for the staffing allocation model. So presumably if we stayed on schedule, we would be done by 3:30? we have a closed door. Closed door is at 1:00 right? So we're taking two items out and presumably be done by 3:30. Does the board really not think, even if we get done by 4:00 that we're not going to wrap this up in two hours after speaking about this for three hours today that we need to justify having another meeting. I prefer the tuesday afternoon as well. I would rather crank it out on a tuesday then have to come back.
287We need if I nality on this. I'm good for tuesday. okay, who is objecting to the tuesday. Two objections. Okay. Tuesday it is. I'm just going to say, it's not going to be enough time. But everyone who likes to vote no to extend the meeting will have to vote yes. that's it for me. any other board comment? DR. Zeman? thank you. I just, am trying to figure out how this board can get kind of critical information that it seeks. You know f we say to the staff, we need a contract, that's what the motion would generate. The staff would put together a contract mod that would hold the pea moore accountable. I think it's critical that we get a clear definition of the work that our project owner rep does. Otherwise this board can run
288the risk when there are 8 to 10 major players that need to do things to get things done. So, I'm okay with this motion if in fact part of the agreement is that there is some education to us about exactly what functions, pea moore does so the actable can be measured specifically to their functions. We cannot blame people for things for which they have no control. And the conversation that I heard today is not consist apartment with what I know what aecom has done. Where you have teams of people that do what they. But you cannot hold team a responsible for what team f needs to do. If we're going to do that, in less than an hour, I think great. But if we imagine, we're going to create a illegal contract. Where we say,
289I know we hired you to make apple sauce but we're going to judge you if windows are clean. We really need to have that information next week. Chair how do we make sure that the staffing package months us enough that we can understand the functions of a pea moore? I don't know do we have any proposal? I do. Which is that, less come back and give accountability but you'll have to tell us what a pea moore does, less says that they have four major functions, they do change orders. We can hold them accountable for that. Okay, we need those in 7 days. Finishing a project involves so many different organizations, some government some their contractors, some other contractors like adkins. Adkins does not work for ae come. -- coco and literally we'll have the apple
290sauce, window cleaning problem. Let me ask it in a question to the superintendent. If this motion passions with your staff bring functions and options how to hold them accountable. yes. thank you. before I go to MS. Hixon. We do need a vote, I propose extending it to one hour to 7 p.M. All in safer say aye. You will in favor say aye. aye. DR. Zeman dissenting. MS. Hixon. I'll be very brief. I don't think anybody is holding aecom accountable for things that they don't need to be accountable. So I think we already gave direction to look at what is their scope and tie it together to that and as one of the public speakers, mentioned, in the rfq, there is a section about valuation. And based on valuation, you can add accountability piece in there.
291I don't think that any of us are saying, that if a contractor doesn't do their job so they should have a way to manage the contractor in terms if there is a problem that they're coming back to us with it or they're trying to hold the contractors accountable, that was the piece I'm trying to say. I'm in no way, aecom, we want to you make apple sauce but we have to make sure that had the windows are clean. I would like to add to the contract is based on the scope of rfq. MS. Thompson. I would like to say I think it was crystal clear what measures we were asking for and not holding people accountable for apple sauce. And we've been talking about tabling the item an hour, so it makes sense to go
292to wednesday but with that, I would like to call the question. motion made to call the question by MS. Thompson seconded by MS. Cervera. All in favor say aye. aye. all opposed say no. Motion passes unanimously. So on the motion to include the accountability measures that MS. Hixon outlined, and also to direct the superintendent to engage with direct negotiation wz other firms and bring this back to a special school board meeting at 3:30 on tuesday the 13th, all in favor of that motion say aye. aye. all opposed say no. do we need to do a roll call? Motion pass approximates, with DR. Zeman descenting. Dissenting. MADAM Chair. yes, MR. Holness. I'm a no. and DR. Holness dissenting. That concludes that item. So we will address that on next week. We are at the conclusion of
293our meeting, I do want to raise some issues that have come up before we end adjourn this meeting. I want to hear from my colleagues on how to approach the chief auditor transition. So if anybody has any thoughts or feelings about that. DR. Zeman. I think we learned a lot about our staff's capabilities to do really solid search for key people. I will continuously compliment the amazing work that was done on finding next general counsel and the whole process. I know everybody wants to make the last two percent even better but really really great work but I think we ought to go down that work with the chief auditor. We know the kind pool of people that MAY be eligible to come to broward. My recommendation is go to with the proven performers that we
294have instead spending the money. MS. Hixon. that's exactly what I was going to say, so good job. do we need an item to direct that to happen? Aor does staff want to take that as direction to advertise. ?M yes, we'll take that as direction and we'll get the ball rolling. okay, the other issue is the transition of our coo. I believe several of us have received concerns from our constituencies about the timeliness of that and I just wanted to put that out there to the superintendent. I'm sure my colleagues will opine. But given the discussions today and given the investigation, I do -- there is a sense of urgency around these projects. I know that we want to move forward in a positive direction as quickly as possible. I was pleased to hear that we're
295going to do that. Do any of my other colleagues have comments about any of those issues or anything additional. DR. Zeman. thank you. Did we agree to push off the budget from next workshop? yes, we did. and when will that be scheduled for, can we do that for the first workshop in FEBRUARY. go ahead MR. Sullivan. we're going to reschedule for the FEBRUARY 17th meeting. so I'm worried about that. You know, the bonus issues, the amount of detail that we need to spend on the budget is very high and pushing that off a whole month means we missed a whole cycle of this. I think there is a critical discussion about what the board expects to know about budget items and we need to get that out as soon as possible. I'm one of nine.
296so if I can, add the two budget items is going over the supplements which was asked to bring back about reviewing the supplements and recommendations about what to sunset and reviewing job descriptions just to make sure if we do sunset that their job description are updated. The other one is about the allocation model which we discussed before. Ei, middle school has 400 kids but we're using a model that says, all get through assistant principal so we're going to discuss that how we move forward as a to make sure that we're using our funding wisely and appropriately based on student. So the board can understand what direction we want to move in and give us recommendations of how we move forward because, before we push na out to schools and start working on their budgets and
297the next couple of months. terrific, I feel like a clear need to set some expectation buzz what information this board wants about every dollar that is spent in our budget. I appreciate those two items. Not my job to prioritize those things but I think but we set and expectations about what we need to know to make sure that other people's money is spent in the ways that we know every dollar is spent. So that's my proposal. consultant with the deputy with the twos items for FEBRUARY third, with na, we can have those two budget items scheduled for the third. That is broward franchise and non traditional schools. all right, we can move those. thank you, chair. any other comments or concerns? did you ask the question about the coo and timeliness. So the superintendent as
298you mentioned, there is an investigation going on. I don't think we, should or could really do anything until that investigation is over because you're making assumptions of what would be found without knowing it and like any other employee. We allow the process. Can you tell us when you would be task assigning somebody because it is a huge position. And as we mentioned earlier today, very small department. So what is your plan on filling that space? we'll let the board know, via memo tomorrow, we'll be delivering this evening and also tomorrow about who is the best fit and if any departments within the division make-shift under other sheaves while we task assign for the bulk of other departments within the division. We're finalizing those decisions, this evening and tomorrow morning. so you'll have a memo to
299us sometime by tomorrow? yes. okay, thank you. MS. Rupert? thank you, MADAM Chair, I want today ask a caveat for information on the canser going forward that we're going fob receiving on thursday, that we absolutely have every information that we need by friday at noon. Because it's very difficult to get something late friday night and over the weekend, you're doing it and then you have an opportunity to give that to the so our staff on monday, so I as board member need to have that information so we can make a very positive move and make sure that we have every bit of information that make a concise and extremely important decision. thank you for your comment MS. Rupert. The commitment from. Staff is we're working very diligently just a reminder that the negotiations are between
300two parties. So we hope that aecom works as diligently as our staff to get this done as quick as possible so we can get this to the board at 12:00 and then the direction of working with some other vendors to bring knows contracts, the same thing. Working as diligently as possible and hopefully they get that information to the board as quick as possible. MS. Jacques-adams. sorry. I do want to add that the officer general counsel needs time to receive that and provide you with some feedback. yes, a lot moving parts. okay, I just want to be clear that if I don't have the information and the public does not have the information, I'm not going to be able to support an item that we're just given late into the weekend or on monday, I don't
301think that's fair. MR. Cervera, in wards to the coo issue, everybody knows my position. I'm in the position that the resignation should have been done immediately as opposed to this APRIL/june that we're dealing with. I'm happy to hear that the superintendent is work with staff this evening to determine in interim, task assigned for that position. Is the current coo going to have any contact? only with myself for transition purposes to gather whatever information as we move forward. is she going to be involved in any decision-making? no sir. other than the conversation she is going to have with you and the transition team what is her role if any with this district between now and APRIL? none really, besides the information that myself or any of the cabinet made. is she going to be compensating. when
302we reassign people they are compensated. and do we know what that compensation is? I'll have to provide a follow-up on that. is would appreciate it. Thank you. MS. Bulman. thank you. Thank you MR. Cervera, you asked some of my questions. You know in terms of the coo replacement and MS. Leonardi, says there is a sense of urgency around there. I I don't think that waiting to look is good. It's a difficult position to fill. They MAY not have the current portfolio. We're going to make sure that if we need to shift departments within other divisions so we can continue operations as a district and then I plan on posting for a few coo soon. ? . And I think keep us in the board because of the importance of that information, I know personally that
303I would like to have as much possible as we can. I would like input on who is ultimately selected. selected for overall? yes, we will. I'll give you my opinion on the task. And are we just talking about right now. anything you want to bring up. one thing that I had written down from our last meeting, we had talked about broward sale and I thought we were going to get an loy that was suppose to come back today. What is the status? okay would that be on the agenda? going to see if the board wants to -- we'll follow-up with a memo tomorrow exactly what we receive from them over the break and the timeline it went for board action. okay, and I think one other thing that we, you know that is going to
304get kind of caught up in the fray with the transition with the coo is something that we've been talking about, that I think is very important is the master planner facilities planner and I don't think that still needs to be? yes, great topic. I actually talked about the master planner just to make sure that we have no hiccups and all of that and na is continuously moving forward. I'm communicating and continue to communicate with pro cure myself just to make sure nothing falls. so what is the timeline for that? for the master planner? Let me follow-up with you. I don't want to give a time line that is not accurate so let me follow-up with you, after talking to MS. Coaly and MR. White. that has to be an rfp? yes. I think as soon
305as possible. yes, I know that they've already developed the majority of the scope so it should be but I want to confirm where we are and what the timing looks like. thank you. any other board member comment? MADAM Chair? DR. Holness. thank you very much. MR. Cervera, asked some of the questions that I want today ask and I appreciate his questions. But I also want to ask some questions regarding the other individuals that are reassigning in addition to the coo. I believe there are two other individuals. DR. Hepburn, is it four individuals that are reassigned? 3 to 4, don't quote me on that. I know two for sure but I think it's three to four. okay. And when being reassigned are they working from home? Or? reassigned them temporary to home until we can find
306locations where we can leverage the skill sets of the lower level folks. and while they're at home, what will they be doing? great question. I'll have to follow-up with you on thatatne. Some cas, we reasgn folks h home justfor e nature of the investigation. And don't put them in a different role, just because of the nature of investigation so we'll have to follow-up on one on one and let you know some of details of who is home and who is not. is it possibility na individuals because we don't know what time frame there is work that they can do as opposed to the district just paying them to sit at home. yes, I'm a firm believer that people should be working for their money. So even if they're at home, there are different tasks that
307they can complete. and how long do you anticipate this will take? I don't think the board has an ap tate to waste money. Can should be expedited. What time frame, it does not sit well for me for individuals to sit at home and get paid so the quicker this can be done, the better it is for the district. I'm hoping within a cup of -- couple of weeks. I've asked hr to expedite but also maintain the integrity of the process at the same time so we have reliable information to react to. okay, so when you say a couple of weeks to a few weeks, does a few weeks mean beyond a month? it should is not be a beyond a month. great. Thank you, sir. I appreciate it. any other board member comment? All right.
308The scheduled order of business for this special school board meeting of the school board of broward county florida, seeing no other obligation, I now