001It's 10:00. We'll go ahead and get started. At this time I'd like to call our meeting to order. In this special call meeting is for discussion of our superintendent search process and the hiring of a new superintendent. We've come to light and realize that there's a few things that we did not know since we are going to need a superintendent mid-year versus the end of the year. So at this time I'm going to turn it over to Ms. and kind of let her talk about some things with us. We have joining us a board attorney Regina Jackson for further discussions. Yeah, so I probably will turn it over to Regina and just let her kind of talk a little bit about the statute and then she's here available for questions if you all have any
002at that point. Ms. >> Sure. Well, then good morning and it's very good to see all of you and you don't know what you don't know. Seems I have been saying that a lot lately to myself. Um Anyway, I have asked Ms. to give you a copy of the superintendent election statute and that's 115-350 and I believe she has done that and I wanted you to have that in front of you because that really is there's another statute that talks about the screening committee, but this is the main statute that governs the hiring of the superintendent. And so I thought we could just review that briefly and then we can talk about where you currently are and where you you know, you might be able to go from here. So paragraph one of the statute
003is really the only relevant paragraph for uh your purposes of our discussion and that paragraph says, "After considering the recommendations of a screening committee as provided in 16352, each board of education shall appoint a superintendent of schools whose term of office shall begin on July the 1st. That's, you know, typical. Following the individual's appointment, the appointment may be for a term of no more than 4 years. In the event of this this next sentence is applied to your situation. In the event a vacancy occurs in the office of superintendent prior to the expiration of the term that by the board. So, that would be the the end of Mr. Ward's current contract. The term shall expire on the date the vacancy occurs. So, here for Mr. Ward, that's December the 1st. Therefore, the board may
004appoint a superintendent for a new term as provided in this subsection, which shall begin on the date of the superintendent's appointment, except when the vacancy occurs after a school board election and before the newly elected members take office, which is unfortunately again your situation. When a vacancy occurs during this period, the position shall not be filled until the new members take office. But, the board may appoint an acting superintendent to serve a term not to exceed 6 months. This appointment may be renewed once for a period not to exceed 3 months. So, that's really that's that's the most relevant part of the statute. And by the statute, you can see that you you you are not able as a board to have two superintendents at one time. You can only have one superintendent at a
005time. And the vacancy occurs at the time that you have notice that the notice is given to you when the current superintendent is going to be leaving. So, here the vacancy occurs on I guess December 2nd to be cuz Ms. Ford you you had announced December 1st as your retirement date. >> Right. No, November 30th is my retirement date. So, December 1st is >> Okay, so December 1st would be when the vacancy in your situation occurs. So, you cannot have under the current set of circumstances, you cannot have a replacement superintendent until November the 1st. So, unless unless we're able to work out some other November 1st or December 1st? >> December 1st, right? December 1st. Correct. That is correct. Okay. I believe you said November 1st. That's why we're That's why everyone said that.
006Okay, say that again. I'm sorry. Um I believe you said no that that the new superintendent could not be put in place until November 1st. That's why everyone said >> Oh, I'm sorry. December December 1st. Yeah, December the 1st. UM SO, THAT UNDER THE the the resignation or retirement that Ms. Ford gave you would make the vacancy available on December 1st. And that is when you can normally put someone in place, but because of the wording in the statute, uh between the election and the uh swearing in of the new board members, the the statute does not let you allow you to act to appoint someone if the vacancy is occurring in that window. So, your first available opportunity to put someone in is after your new board members are sworn in. Does that make
007sense to everybody? Just see Let me pause there and see if you all have questions. Okay. >> say I would love for us to figure out a way to make it work to where we can go ahead and move forward with the search that's already started. Absolutely. >> So, I was wondering if Katessa if she was willing if she changed her when she's stepping down as superintendent to like July 1st and then we post a position for an advisor to the superintendent. And the new superintendent would select that person. And I thought I've just tried to brainstorm different ways to figure it out and I wondered if we could change our salary schedule to say if you've been a superintendent in Milam County for 4-plus years, this would be your salary if you're full-time. And
008then even if Katessa wasn't selected by the new superintendent to be that advisor, that she would still have her pay with whatever position she landed in between July 1st and December 1st. Would that work? And if that could Go ahead. I'm sorry. And it still I mean, because she would still be under the same pay scale that she would be as superintendent, so it would not affect her retirement pay at all. You know, because we were are not going to lessen her pay, so her pay would be the same. Her title would be different. Yes. And I I want to throw in there as well. Um We love Contessa, and we we want to be able to accommodate what she needs. We also love our school system, and we want to be able to move
009forward with the selection committee because we truly believe as a board that that is in the best interest of the school system. Oh, no no question. I'm not for I'm not for interim position at all. I want a full new superintendent starting July 1st. Say that again. I'm sorry. I'm having trouble. He wants to not do like an interim. He would like our superintendent to be hired and in place by July 1st. The thing ABOUT THAT THAT'S TRUE. That's That's very logical. The thing of it is is like Logan and I are both new board members. I mean, I have a long history of being in education, but the thing of it is if I had have come on the board and had to have hired a superintendent change again my term, I would not
010have felt like I was adequate adequately prepared for that decision. And I And I just, you know, um And I really feel like I have a vast knowledge of education. And but I do not feel like I would have been prepared to hire a superintendent to lead our school. I I with that, Jan. And as a new board member coming in, we take classes on selecting a new superintendent. And I when I took my classes, I thought that was vitally important to me to be able to understand the impact that the hiring of this position has on our system because it does IMPACT EVERYONE. OH, OH, ABSOLUTELY. It's It is a critical, obviously a critical role. And I've been given this uh quite a bit of thought and I know you all have to. HOW
011BECAUSE I I want you all to be able to do what you know is in the best interest of your district. My role is just to try to keep it as legal as we possibly can knowing that that the perfectly legal way to do it is to wait. That is the perfectly legal way to do it and that is to since since we already have this over us, resignation in place and that's been announced as being November the 30th. Um and just to follow the letter of the law, the process would in a perfect world, he would appoint that new superintendent. You would appoint an acting superintendent for a period of time. And then a year from now, be going through this process again. I understand you don't want to do that. Um so, I've
012been trying to get this all thought and I appreciate everything you've already said so far. You know, I tried to make structure some notes here on how how you might go about UM CAN I SAY SOMETHING? and then going forward again. With that Okay, can I say something? We would still have to leave her retirement at that date because she would have to leave the school system for x amount of days if her retirement were June 30th. So, she we would just have to word that we were changing her title or her employment because if if she were to say she was leaving the school system June 30th then you have to be away from the school system x amount of time before you can be hired back. So, she could still leave her retirement
013at that day. We Could we as a board just change her We're just changing her title of what she >> Well, you There's a division of authority that you all I know you all are aware of this. So, I kind of sketched out what I think the steps would be and that would be that um Mrs. Warford would need to in writing I don't know exactly what it would say, but something along the lines that um she is requesting a change in her resignation from the position of superintendent from November 30th to June 30th of 2026. Um provided that and conditioned on al- alternate certified employment in the district with pay equivalent to her current salary. So, and I probably didn't say that as our policy we can write it down. Um but that would
014be I think the first step is that you know, we'd never and I know you wouldn't either. Contessa wouldn't need to make her agreement to do this contingent on the district ensuring that she's not going to make any less um in terms of pay through the date of her retirement from the district. So, she's going to resign from her superintendent position contingent upon a position being made available to her that is equivalent in pay to her current salary. Um and then um this could I'm sure be done out of a meeting. The board would need to create a new position that would be designed for Miss Lord to transfer into and would need to amend the salary schedule to fit that circumstance. And then the district, once that position is created effective I guess July
0151, um would need to post the position for 15 days because of the posting requirement by statute. Um and then the new superintendent, because of the division of authority, um would have to be the one to fill that position. The board does not have the authority to fill vacancies other than the superintendent vacancy. So, that I mean that structure, YOU PROBABLY IT WON'T IT'S NOT IT'S NOT PERFECT. It's not completely clean like just doing the normal process would be. But it I think it's You know, on balance I'm trying to think of who who might challenge that kind of process and um I I talked with Ms. Orr. She had asked me before who who might challenge whatever the work decides to do. And I said, "Well, you know, some anonymous person could make a
016complaint to the OEA, the Office of Education Accountability, and they could, you know, get in there and conduct some kind of investigation and find that what you have done is a sham because of the historical documents that have already been generated. You know, you've already got a uh resignation from Ms. Orr stating November 30 and all of that. And you've already taken steps through board action to fill a vacancy as of July 1 when there's not one. So, could somebody challenge it? Possibly. I You know, I'm not saying that that would be likely. I It's the two new board members in January challenge it because they didn't get the chance to fill the position. I guess that's possible, too. But it's not likely. And And I understand what you're saying, and I I I would
017I don't really understand or appreciate the word sham because we were not aware as a board that And I don't think Ms. Orr was aware of this of 160 that 0.350 just because of the timing. If we had known about this, we would have done this months ago. So, we're not trying to cover anything up. We're simply trying to do what's what we feel as a board that is in place right now is best for our district. Yeah, yeah, yeah. And I'm not saying it's a shame. Please don't think that. I'm saying somebody might argue that. That that could be you know, somebody's argument. I'm not saying that at all. I just think I know that you're trying to do what's best for the district and that it just seems like from a timing standpoint,
018you you did not know Right. what the exact next step would have been. So, don't take that as me saying it's a shame. I don't think it's a shame at all. I'm just saying somebody some person out there might try to argue that. I I understand. >> so Yeah. So, Ms. Jackson, if this all worked out and we were able to move forward with this plan, would we have to redo the whole beginning of the superintendent search or can we pick up from where we suspended it last week? Uh but can we where it stands now? Has the window for applications closed or what? It closed Friday. Okay. And have you all Did the the screening committee is SCHEDULED TO START THEIR process or where is that? Yeah, well, we had a meeting scheduled for
019Friday, but um I sent an email and told them that it it was off as of right now. Okay. They had already been decided upon the screening committee and they had had intentions to meet I think that last Friday for their orientation period for that to move forward. Um but after we had discussion about all of this, um I told Bridget to just hold that until we had our meeting to discuss further today as to what we needed to do. Yeah. UM IT IT IT DOESN'T MAKE SENSE TO me on a practicality standpoint for me for you all to just start the PROCESS OVER. OKAY. THAT doesn't seem like that makes sense. I'm trying to let me look at um the action that you all took back in February. Um So, I think you would
020have to Let's see. I've got that brought up. You all accepted Contessa's uh retirement. That was So, we would have to The board would have to take some action to um rescind that action based on uh Ms. Orr's new notice to the board. Can we do that today? Uh no, because you don't have from Contessa her request to change her um superintendent um changing her duties from superintendent to a new position. So, I think that would be the very next step is to get a request from Contessa stating that she desires to resign her position as superintendent contingent upon those things we talked about. >> Okay. Um and once we once we have that in hand, then I think the board would take some steps that we would need to think about and get them
021down on paper, but basically you would accept her um decision to change her uh superintendent um term contingent upon those conditions that she's going to need to have in place. And we would probably ratify the prior action of the board too uh approve your in-house selection process and approve your board designee uh as process lead um and and perhaps need to modify the the selection process timeline. I COULD SEE THAT those things would need to be done and then I think you could do this all in one meeting, but I don't think we could possibly figure out how to do that today. Um we would need to create a new position. We would need a job description to support that new position and we would need um to figure out the amendment to the salary
022schedule. So maybe we can meet next week. Yeah, I would think that the sooner we can all can can meet and get these things in place the better. UM THERE ARE A FEW MOVING PARTS. YOU GOT THE SALARY schedule and the job description and the resignation so changes Contessa's uh resignations. So, but we can work all that work all that and get that ready. So, do you recommend what kind of job title title that we should use? I mean, I know there was some discussion about maybe an advisory or consultant to the board or the superintendent. I'm not the board, the superintendent. I'm sorry. Yeah, I wouldn't call it consultant. Typically, a consultant is an independent contractor type of arrangement, and contestant needs to remain an employee. So, it might be advisor to superintendent. I
023mean, that sounds pretty good to me. Um what do you all need? We need an advisor to the superintendent. I mean, you're going to have a you know, a a brand new second superintendent who I'm sure would welcome, you know, the assistance that contestant could obviously provide. So, you know, Let me ask you a a good name thing. Let me ask you this. Once we did this, would we keep this in place, you know, in case this happened again or you know, would you say this position is no longer available or what what would you do? I think I would end the salary schedule ended because you don't want your superintendent to if you've got to make a position, that means the superintendent can go out and fill it at any time. And I don't
024think you want to be spending superintendent dollars, you know, to fill this one to take the consultant. That's what I needed. That's what I thought. Okay. So, just like for the next situation to come up for another board. Yes, that's a good idea. TYPICALLY, YOU ALL CAN try to do another BOARD FOR ANOTHER SIMILAR SITUATION. CAN YOU GO OVER, I know it kind of seems like we are wanting to try to do what we just discussed, but can you just also for open meeting purposes and discussion if anyone's not able to join and wants to watch later, um what the process would look like if we continued and did like uh let her leave as superintendent on November 30th and then go through that process of like an interim superintendent and what that would look
025like cuz I do want to say this, you know, since we've been on the board, I believe it was your first board meeting or so, um we did have to have new board members vote on whether or not to renew a contract of a superintendent. They were new board members. They were faced with having to make a decision not having been in the school system to make, you know, to know different things that could lead up to why they should or should not, you know, be renewed. So, um this is kind of similar only with hiring a new superintendent. So, I just want to kind of talk through that process of, you know, the potential of if we did not do this, if we did go through hiring an interim, how that would look. Yeah,
026so what you would need to do is rescind all of the action that you previously taken in regard to the superintendent hiring process. So, that it would just stop. The current process would stop and end. And Miss Orr would continue to stay in place as superintendent through November 30th. Um and because you her retirement is in that um election window, you could not begin the hiring process for a new superintendent until next early next year. Anytime next year, really. Um So, you have the option under the statute to hire an acting superintendent. And I I had sent Stephanie a example contract so you could see what THAT LOOKED LIKE. BUT ESSENTIALLY, you can that person would assume the duties and responsibilities of superintendent on a temporary basis until you started this process over. Very much
027the same way you had in place that I'll put that. Posting that assistant superintendent position next spring, taking applications, appointing a screening committee. All all of this, you know, deciding on approving the timeline, interviewing candidates. So the whole process would just essentially start over. And that acting superintendent could stay in place up to 9 months, BUT DOESN'T HAVE TO BE. JUST COULD BE UP TO the time that you have hired your new person. So you could hire that new person sooner than July 1 because you've got an open vacancy. Does that make sense? Mhm. Yes. I don't like that language. So do we need to take any action today or Do we need to take any action today or Regina >> I'll walk you all through this for a second. Do you want Do you
028Is there consensus that the board wants to move forward with kind of undoing, redoing so that you can get somebody in place by July one, is that the consensus? Yes. Yes. Yes. Yes. Okay. Okay. Is there any further need to discuss that then? No. I don't think so. I don't think so. Okay. Then I would suggest that there's no action to be taken today or you know, for the the minutes we just indicate no action taken and that you all would decide when you can meet again and I can work with Contessa on what I think her letter needs to look like to the board and work on some emotions for you all to get you all in the best place that we can to to hire somebody to love one and leave the application
029process and all of that just I know it's hot at the moment but not go back and redo but just ratify up to this point what the you know, where the process is and perhaps modify the timeline a LITTLE BIT. OKAY. HOW DOES THAT HOW DOES that sound? That that sounds perfect. Thank you. Okay. Are you good with that, Mr. Orr? Yes, ma'am. I am. Okay. All right. Well, then that's what I'll plan to We'll get going on that and when would you all Thank you all would meet again? I think as soon as possible. Yeah. I don't know if it's next Thursday or not. BUT YOU MIGHT WANT ME TO BE THERE JUST TO MAKE SURE we don't have any We need to do this way. I can do it soon. But and if
030you don't need me, that's fine. Just trying to be sure that we there's no questions about the motions or anything. The first person to make a MOTION OR ANYTHING I can do it in New Orleans, but it will be by Zoom only. I can do it for the 31st or the 1st. If I do it on the 31st or the 1st I'll do it on the 1st then. And it can be at the 1st. I can do Yeah, I can do anytime. Oh, yeah, I can do anytime on the 1st. Okay, then. Okay. 1st What time? Anytime. I can do anytime. Okay. You want to do like in the morning or 10:00? Regina, do you have availability on April the 1st? I do. Yeah, that day will work out for me. AND I MIGHT NOT
031BE NEEDED, but I can just put put it on my calendar. I'll be on standby if you need me. I can be playing at 10:00. Thank you. 10:00 maybe work for you? 10:00? Mhm. On the 1st? Central? Yeah. Okay. Okay. We'll just plan to meet again on the 1st at 10:00 then. Sounds good. That was the easiest time WE COULD DO. THANK YOU FOR YOUR HELP. YES, we appreciate everything and being available. You all are welcome. Sure, anytime. And we'll we'll keep working at it till we get it done. Okay. Thank you, Regina. >> Thank you. Okay. Thank you all. Bye-bye. Bye. All right. Any other discussion? I make a motion we adjourn. All right, I have a motion and a second by Ms. Barr. of adjourning, please say I. All opposed? I hear none.
032And we are done. Thank you.