CorpusRecord 263779

Pocahontas County BOE Special Meeting 03/24/2026

A searchable transcript preserved as part of the Discourse Corpus. Passage numbers provide stable references within this record; verify quotations against the original recording when available.

Source
YouTube / Pocahontas County Schools
Date
2026-03-24
Location
Pocahontas County, WV
Material
Transcript
Extent
4,860 words · about 27 min
Collected
2026-07-02

Transcript

Verbatim source text

001special session to order for March 24, 2026. Uh let the record show that Mrs. Hollingsworth is absent. All of the board members are present. Open with the pledge of allegiance. pledge I pledge allegiance to the flag of the United States of America. To the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Tell me when you get right, Hollingsworth. Let's just give her a second to get that right. We will let you tape. We will, but depending on how the hearing goes. >> Yeah, yeah, exactly. So, we just need to wait for 1 second for you to get that right. We will. Can you have the seat up here beside the seat? Hey, Pam. Put the seat up here beside Missy. Have we got it? >> [clears throat]

002>> Technical difficulties. Please pause. Huh? Yeah, but if we have to go into a closed session, we can't use that. Huh? Tim, can you have your recorder? It's up there and I saw it. Tim? Yeah, yeah. >> [laughter] >> Did you get it? Is it recording? Is it recording yet? It's not recording. Chrissy, you want to come up here and look at it over here? And if it just start it. Start it laying down. Let's lay it down. Yeah. Can we use We We could use Tim's, I'd say, if we have to. Yeah, that can be in the corner. The cord will do the same. Is that appropriate if we just use him and he leaves the cord with us? He's with the radio station. We'll just use his and his recording and he'll leave

003it with us and then we'll He leaves the cord. Yeah, he takes the little cord out and then she can download it and then take out the cord when we're done in executive session. Yeah, cuz we need to move along. Okay. Is that okay? And then that'll be fine. Okay. Item number three on the agenda is personnel consideration of approval of continued paid administration administrative leave for an employee pending investigation. Do I have a motion? I move. Mr. McCombs made a motion. Do I have a second? I second. Mr. McNab seconded it. All those in favor signify by saying I. I. Are we not holding a hearing? I. I thought we came here for a hearing. >> We're going to have the hearing. We had to vote to go into a hearing. >> Okay. Yeah.

004Does the employee desire an open or closed hearing? Open or closed? Open. The record will reflect that the employee has requested an open hearing. We will proceed in an open session. Any person who will testify in these proceedings other than the superintendent, the administrative designee, and employee must remain outside the hearing room and must not communicate with any other person about the testimony before or after testifying. Witnesses will wait outside and will be called as needed. How many witnesses do we have? Is anybody going to testify? I have I have a witness. I have one witness. The superintendent. Well, she because she's a member of the hearing, I don't think she has to wait outside. >> So, there are no other witnesses? Are there any other witnesses? Mr. Doss? I'm a lawyer for her. She

005can be in here. Good afternoon. My name is Emery Darnell and I will serve as your presiding officer for this hearing. The hearing has been requested by the employee regarding the superintendent's decision to place the employee on paid administrative leave pending investigations. Would the parties and their representatives please state their appearance for the record. Uh I am Trey Moran with Bowles Rice. I'm here on behalf of the administration. I'm Michael Doss. I'm here on behalf of the Triana-Bradford candidate. I'm Joanna Bradford candidate. Let me go back to state yours. And I'm I'm Brandon Tenney, Board of Education, West Virginia. Okay. I am Dr. Leitha Wines, superintendent of schools. Is there any preliminary matters that need to be addressed before we proceed? None that I'm aware of, Mr. President. No. This is an administrative employment hearing.

006This is not a disciplinary hearing in the merits of any allegations. The purpose of this hearing is limited to determining what the superintendent's decision to place the employee on administrative leave pending investigation was in a was appropriate and lawful. The board does not make findings at this time regarding whether any allegation of conduct occurred. The board will limit the presentation of evidence and argument to this issue. In this matter, the burden of proof the employee bears the burden of proof. The employee must demonstrate by a preponderance of evidence of the evidence that the superintendent's decision was arbitrary, conspicuous, contrary to law, and otherwise improper. A preponderance preponderance of evidence means that a fact is more likely than true. Scope of evidence. Evidence presented should be limited to the circumstances known to the superintendent at the

007time the decision was made whether the placement on administrative leave pending investigation was reasonable. Evidence regarding the ultimate truth of any allegations may be considered only to the extent it relates to whether the superintendent's decision was reasonable at the time it was made. The board is not determining whether any allegation allegation alleged conduct occurred. Evidentiary procedure. Each party may present an opening statement, offer evidence and exhibits, examine and cross ex- examine witnesses, and provide a closing statement. Copies of all exhibits must be provided to the board, the opposing party, and the superintendent. As presiding officer, I will rule on objections. The rules of evidence are not strictly applied. The board may consider relevant evidence, including hearsay, and assign it to the weight deemed appropriate. Dur- durandum, please speak clearly so that proceedings may be accurately

008recorded. All answers must be verbal. Please direct all comments to the board. Employee opening statement. Because the employee bears the burden of proof, does the employee wish to make an opening statement? I Administrative opening statement. Does the administration wish to make an opening statement? >> Yes, Mr. President, we do. Uh this matter before the board today is very narrow. As as stated, the issue before the board is not whether any alleged conduct occurred, uh but it is whether the superintendent acted appropriately in placing uh the employee on administrative leave pending investigation. Uh the superintendent was presented with concerns and initiated investigation. Pending that investigation, the she exercised her authority to place the employee on administrative leave. The employee, as you said, bears the burden of proof on the that this decision was improper. Uh the

009evidence will not support that claim. Thank you. Please call your first witness. Letha Williams. Mrs. Williams Please state your name for the record and raise your right hand. Dr. Letha Williams. Do you swear or affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth? I do. Thank you. Ms. Williams, I I take it you have the letter from February 12, 2026 in front of you. I do. In paragraph two, you state that the investigation will evaluate transcription accuracy of student grades for students enrolled at that eighth grade level. Is that correct? In math one. Hey, I don't interrupt the question. Go. Mhm. Go ahead. I just want I want to say something after that. Can you repeat the question, please? >> Can I just interject?

010Well, the reason I'm saying I didn't pass out the letters yet. I can go ahead and do that. I'm planning to do it anyway. Would you prefer me to go ahead and do it now? Speak like you have it in front of you. He has one. I don't know if you want everybody else to have one yet. >> I'm fine. Okay. Do you want me to repeat the question? Yes, please. In the second paragraph, it states that your investigation will evaluate transcription and accuracy of student grades for those students enrolled as eighth graders in math one. Is that correct? Correct. Can you tell me what what what what you're actually investigating? The investigation is ongoing and is not concluded at this time. What what are you investigating? It's clearly stated in the letter what I'm

011investigating in paragraph two. The purpose of the leave is to allow us to invest us to conduct a full and complete investigation into the concerns that we shared with her. The investigation will evaluate transcripts and accuracy of student grades for those students enrolled as eighth graders in math one. Additionally, the investigation will examine math field day organization and compliance with procedure. Let's just deal with the math first. We'll get back to math field day, okay? So, specifically, what are you evaluating in regards to the transcription and accuracy of student grades for eighth graders in math one? I'm conducting an investigation as outlined in the paragraph two of this letter. Specifically, what are you investigating about these? It's I'm going to I want to lodge an objection. Of course, the question's been asked asked and answered

012a couple of three times now, but again, the purpose of this hearing is not to investigate the case. It's not to discuss the factual basis for the case. The The issue before the board today is whether or not Superintendent uh Dr. Williams had the authority and properly placed the employee on paid administrative leave pending an investigation. And the reason she did that are set forth in the letter. Well, I believe that the president read to us we're here to determine whether or not her conduct was arbitrary and capricious, okay? And so, I'm asking her what leads her to this to come up with these concerns. It's to determine whether or not her actions are arbitrary and capricious in putting her on this paid administrative leave. Well, that's what you read. So, that's what I'm trying

013to get to. So, just reciting to me what's in the letter is not what I'm asking. So, it's not been asked and answered. I'm asking you what specific concerns did you have concerning the transcription and accuracy of student grades in eighth grade math one? My specific concerns were the accuracy of the grades for students in math one and their transcripts. Okay. Does Joanna have any control over entering grades in Weevas? That's what the investigation is aimed at concluding. Did What Does she have access to those? That's under investigation. Do Do you know who all the people were that has access to Weevas in your system? We have a list of people that has access to Weevas in our system. >> So, is is Joanna on that list? Joanna was on the list at the point

014in time that I had information for this investigation. So, she's She had a code. She had access. She could go into Weevas and change grades is what you're saying. She had access to Weevas, yes. Okay. And when was that? When was When was that period of time? She had a period of time of access until I asked for her access to be removed. When was it? Beginning when and ending when? It ended after I spoke with Ms. Joanna Burke Kinderman in our initial conference and put her on investigation. It ended on February 12, 2026. >> Around that time, yes. Okay. When did she have access before that? You know, when it began? I do not. Okay. So, she had You're saying at one point in time she had a code where she could get on

015Weevas and enter grades to change grades. What Is that correct? I'm saying at one point in time she had a password to get onto Weevas. It's not a code. It's a password. I'm That's what I'm asking. Password, code, whatever you want to use. She had one. She had access to Weevas. She had She She had access to Weevas. Now, the math field day On math field day, what were your concerns with math field day? I received um an email regarding math field day with that was outside the scope of Miss Joanna Burke Kinderman's job. And what did that email say? I again, I'm going to object. I mean, it's like we're trying to conduct discovery of the case here today. The issue before the board is just whether or not the superintendent acted appropriately in

016placing the employee on paid administrative leave pending the outcome of an investigation. I agree. Mr. Dolsberry, go on. Do I not get a chance to respond to this objection or you're just going to Help me out. We've been through this about three times. Uh go ahead and respond to this matter. I I like I mean, how how are you supposed to know if she acted arbitrary and capricious if you're not going to get into the underlying facts? Go ahead and respond to his objection. I want to know what you're going to say. That's what I'm asking. And then we're going to move on. The only way that we can find out whether or not she was arbitrary and capricious in making her decision is to find out why she made that decision. Do you agree

017or disagree? Well, the other thing I'm going to object to is he doesn't have any right or business asking board members questions. As you are the presiding officer here, we can make an objection and then you can rule on it, which I understood you did. Well, but I'm going to object to him asking board members questions. My point is is that you all gave her this hearing to determine whether or not the superintendent acted arbitrary and capricious. That's And that's what we're here to do. If I can't ask questions as to why she did what she did, then why are we here? You've asked those questions and she's answered those questions. Why Now, let's go to math field day. So, I'm getting cut off. What What were your specific concerns about math field day? You

018already asked that and it was answered. Huh? You already asked that question and it was answered. What was in the email? I think he said to move on. >> No, you know, all she said she received an email. I'm referring to And if you I'll try not to do the same with you, but it there's a recording, so we know when you interrupt each other, it's hard to play it back later. Is that I believe I understood that the uh board president told you to move on after that last question. That's what I understood the ruling to be. Move on, Mr. Dotson. Are there any concerns that her remaining on the job and doing her job and being paid for the job would jeopardize the safety, health, or welfare of the students? Yes. How how

019is that? In 18-A-8, we are looking at the effectiveness of the learning environment. Her remaining in the learning environment does jeopardize that for our students. Does she actually teach children? She is an instructional coach. That is her job description. And she is to teach teachers how to be more effective in the classroom. Okay. What what is the nexus between grade change and her affecting the safety, health, welfare, or the learning of the children? Tell me that. What's the connection? You can look at him or you can ask your question. It's up to you. Well, uh I think she could probably look at me anytime she wanted to during this hearing. Uh but I would appreciate if you allowed her to answer instead of directing her. I don't think that's your role either to direct her

020to answer a question. When we are looking at grade reporting and grade transcription and influence over the staff that is in the classroom and her being in the classroom with those staff members, it indicates the effectiveness of the learning environment and jeopardizes that effective learning environment for our students. How? She has influence over the staff members that are in the classroom. She is in the classroom with those staff members directing them with the students. The level of access that she had, was it of a level that would allow her to change grades or change student records? That's part of the impending investigation. Well, you you're you're >> She had access. She had administrative access, and that's part of the impending investigation. But do you know whether whether her level would allow her to change grades

021or wouldn't allow her to >> Administrative access allows you to change grades, absolutely. All right. That's what I was getting at. So, the email with math field day, it had something to do with jeopardizing the health, welfare, and safety of the students also? The email with math field day had conduct that was perceived as insubordinate regarding purchasing protocol. In your letter of February 12th, you're not saying that you're investigating insubordination, are you? I say in my letter that I am investigating the evaluation of transcripts, the accuracy of student grades for those students enrolled as eighth graders in math one. Additionally, the investigation will examine math field day organization and compliance with procedures. I I I never heard the word insubordinate in there. You heard compliance with procedures. >> Okay. So, what what procedure did you

022believe that she was being insubordinate on? In regards to math field >> Purchasing procedures. Huh? Purchasing procedures. Okay. Does Does she have a in her contract or have the ability to control any money whatsoever? That's under investigation. That's part of the question. Well, as part of her contract, was she authorized to handle money in any way? Objection. I think again, we're here for This is a discovery session for Mr. Dotson. This is This is not the purpose of this hearing is not to investigate the underlying facts of the case. The matter's under investigation. These are the reasons she's testified about them. We object to the continued questioning along those lines. Upheld. Overruled. Mike, move on. >> [clears throat] >> Um The letter doesn't say anything that she's being investigated for any type of felony. Would

023you agree to that, too? I wouldn't agree to any language that you want to interpret on this letter. It is clearly stated what it is, and your interpretation is not something I'm going to comment on. I don't see the word felony in this letter anywhere. Do you? No. Okay. Um So, you don't believe that paying a Well, let me ask you this. You do know that she's a fairly successful math coach. Would you agree? I am not making a any kind of belief or statement other than what is on this letter about the investigation. It is not my uh it is not my um opinion that matters. It's an investigation that's meant to have fidelity, clear purpose, and be thorough. Okay. But I'm wondering why you would you would put an award-winning math teacher, math

024coach, just won an award just a week ago while she's on this paid administrative non-disciplinary leave. Why do you have her sitting on the sidelines? I'm I'm wanting to know that what reason what specific reason that that that that affects these children? Because when I read the code, I see that even teachers who are accused of abuse or neglect or anything else can still be allowed to teach as long as they're not around students under the code. Here, we're talking I I I don't see I I'd like to know the reason, the exact reason that you felt it necessary [snorts] to put her on administrative leave. And I think that's the reason why we're here, not to to determine whether or not you acted arbitrarily and capriciously. What specific reason do you have to keep

025her out of the school system and from doing her job? I'm going to object on three grounds for the record. One is asked and answered. Uh one another is that this is outside the scope of the purpose of this hearing. And the third one is is even though the final final phrase was a question, throughout that literally arguing with the witness about what her actions were and why. And And And And I guess he's testifying as to you know, Ms. Uh Bert Kinderman's status as well, because that's not been established to the record either. So, he's interjecting things that aren't even in the record. Any other questions, Mr. Dotson? Well, I never heard you rule whether she's going to answer or not answer. No, it's overruled. So, go ahead and ask your next question. >>

026No, you overruled his objection. So, please answer the question. Sustained. Sustained. Yes. Oh, wait a minute. Mr. Dotson, I have sustained. Mr. Dotson, move on. We've done ask and answer. I'm I'm waiting. Did you just tell him that he needed to sustain that objection? I was helping him clarify language. >> Yes. No, no, I'm not asking you a question, Mr. Grounds. First of all, >> Did you just No, I want to make a record. I want to make a We'll have order. That's fine, but I want to make a record. I want to make sure that that reporting picks up >> We'll pick it up. >> that she told him to say sustained. Okay. First of all, you're not in charge of this meeting, and you're telling them what to do. That needs to stop.

027I'm going to object to that continuing on throughout this hearing. Secondly, if you need a clarification from the board president about what his intention is of the ruling, then that's where you would direct that. You're now trying to circumvent that and cross-examine the superintendent on something that the board president ruled upon. If you need a clarification, ask for it. I'll ask for it. What was your ruling on the objection? Were you overruling him, me? What was your >> I was overruling Mr. Dotson, had him to move on to his next question. >> Okay. I That was clear to me, but it was apparently not clear to him. No, you made the objection. For the record, you made the objection. He overruled. That means he told you you were overruled, not me. I did not make

028the >> Okay. We've sustained the objection. So, go ahead, Mr. Dotson, ask your next your next question. All right. My next question is, did you not just tell him to sustain the motion? I clarified language for him. He was >> Are you talking about the the math eighth grade grades? Are you specifically talking about a practice to where the eighth graders were allowed to take two classes and then drop a grade? Objection, he's asking and answered the scope of this investigation. She's answered that multiple times at this point. Now we're continuing trying to conduct a discussion on the facts of the case that are under investigation. Substain. Weren't there other administrators and teachers who are right now sitting and working in this system who were involved in the eighth grade math grades? That's part of

029the investigation. Well, but if if those if those people were part of it, why aren't they on administrative leave? There's an ongoing investigation that is meant to have fidelity, clear purpose, and be thorough. Okay, so my my point is why did you single out her to put her on administrative on administrative leave and not anybody else who was involved in that process on administrative leave? Goodbye. Why is she the only one? I'm going to object to the extent that the superintendent is not even permitted here in this meeting, which is by choice made open to the public to discuss any other employees with the school district. I mean, he's assuming for the purpose of his question what's even happened with other personnel, which he shouldn't have any knowledge of. And certainly I would object to

030that being and any attempts made to bring out discussions about other employees here in this meeting. >> discuss any other employee. I'm not naming anybody in particular. Substain. I have no further questions. Mr. Reagan. I do have Do you have some questions? Uh please you you did you even were you asked your name and and your position when the questions started? I don't recall that. So would you please state your name and position for the record? Dr. Leith Williams, superintendent of Pocahontas County Schools. And are you a superintendent responsible for personnel decisions including employees on paid administrative leave? Yes. Okay. And you were made aware of concerns involving Joanna Burk Kenderman. Yes. >> Okay. And without going into any investigative details, uh those concerns you've testified several times today were outlined in your letter to

031her. Is that correct? >> That's correct. If I might hand that out, these exhibits I've already I gave before the hearing copies to uh Ms. Burk Kenderman and her attorney. I've handed these out as well to the board members. These was a piece of the these three documents will be the administration's exhibits here today. Let's stop it. I'm trying to assess this. And this is actually a copy that will be attached to the official record. Okay. And I'm not going to you reviewed the letter and read it several times, but that is the letter there, the February 12th letter that you've been referencing throughout the hearing. Yes, sir. Okay. Let's look at the next letter, the March 18th letter. Is that another letter you sent to Ms. Burk Kenderman? It is. And generally speaking, what

032was that letter for? That letter was to let her know that we needed to have uh a meeting before the Pocahontas County Board to consider approval of her paid administrative leave. And it was a special meeting that was scheduled for today, Tuesday, March the 24th. Okay. And you notified her she was allowed to request a hearing if she so chose. I did. And uh she had to put that in writing to you by a certain date and time. I did. And uh there at the end you reminded her that it's non-disciplinary at this time and and and it would continue uh further action of the board or completion of the investigation. That's correct. >> Okay. And then the last document, the third uh exhibit [snorts] is the the letter that she dropped off or delivered

033to you. Is that right? >> That's correct. Requesting that uh she have a hearing. That's correct. >> All right. We would unless there's objection, we would have move uh the admission of those three documents into evidence. So moved. Is there any objection? Any objection? Not my call. Okay. So all right. All right. So uh so based on the information that you received, which you have testified about since you've been called uh as one of Ms. Burk Kenderman's witnesses, based on that information, you made a decision regarding her work status. I did. And you placed her on paid administrative leave. >> did place her on um paid administrative leave pending investigation. Okay. And is that investigation still ongoing? Yes, it is. Okay. And was the administrative leave intended to be temporary pending the completion of the

034investigation? Yes. And it's non-disciplinary nature. That's correct. Uh and you've testified I believe, but I I'll ask it again, did you determine that placing an employee on administrative leave was appropriate to allow the investigation to proceed to maintain orderly operations? I did. Okay. And uh you you got into testimony earlier and I heard you recite 18A, I think 2-8, uh the state code section that gives you authority to place employees uh on leave pending investigation in certain instances. Uh it actually mandates it. The word shall is in that statute that Right. uh we've spoken of. Are you aware of that? >> I am. Okay. And when when matters are under investigation by your office that either jeopardize the health, safety, and welfare of students or impact the learning environment, you're required by law to place

035the employee on on administrative leave. >> That is correct. >> And you have a choice on whether or not to put her on paid or unpaid leave, don't you? That is correct. >> And you chose to place her on paid administrative leave. >> Based on the information available to you at the time, do you believe your decision was appropriate? I do. Okay. Was your decision to place her on leave intended to be disciplinary? No. Okay. And it was it was it made to just allow investigation to proceed appropriately? >> Yes, it was. Okay. Thank you. That's all the questions I have. Mr. Nelson Reagan. Truthfully you didn't even have to give her the right to have a hearing here today, correct? There is a timeline in which we ratify the hearing with the board, and

036I believe that is 30 days. It's been more than 30 days since February 12th. Would you agree? No. It hasn't? No. Wait, it's 30 working days. It's in the it's in the code. Yeah. It's been more than 30 days since February 12th, correct? >> It's not been more than 30 working days. >> 30 days? 30 working days. Yeah. I I don't think the the code calculates working days. >> I'm going to object. We're not here to argue with the witness over what the law says. >> All right. Yeah, we can argue that later, but By law, you did not have to give her a hearing here, correct? At all. If she's on paid administrative leave, that choice is up to you. You don't need the approval of this board at all. >> I'm going to

037object to that. That is not an accurate statement of law. Well, she can agree or disagree with it. Well, you're asking her legal questions about procedure now. >> Well, you did too about 18A. >> No, I asked her about the the basis for what decision she made, and I'm I'm cross-examining her on your questions that you already asked her. You do not need the board's approval to place her on administrative leave with pay for non-disciplinary reasons. Is that correct? >> the board's approval of the administrative non-disciplinary leave with pay. All right. Within the the 30 working days guidelines. But at the same time you're giving her a hearing to determine whether or not your actions were arbitrary and capricious. Is that correct? That's incorrect. Okay. That's what he read to us, right? At the beginning

038of this. I mean, what you handed him and sh- made him read. I mean, who prepared that for him? >> I'm going to object. I mean, now we're arguing with the witness again. I'm just going to object and to this continued, you know, basically arguing with the witness. Did you rule that out? Sorry. Okay, I didn't hear that for I didn't hear him. I I I I really won't waste any more of anybody's time. I'm sorry that I I have no further questions of the superintendent. No further questions. Administration got any witness? Well, do you have any further witnesses? You indicated earlier >> I have no further witnesses, sir. Okay. So he has no further witnesses. Uh I we would have called the superintendent. I asked her the questions I intended to, so the administration

039with the admission of those exhibits and the testimony's been rendered, we would rest. Employee's closing statements. There's there's not one shred that nobody will say why to determine whether or not what she did, the superintendent has done was done for any rational reason whatsoever. It's a bold statement. It has to do with math grades, but when you ask about it, nobody will tell you what it is. What nexus it may have to the health, safety, welfare of the children, I I don't see it. I understand from what limited dealings I've had in educational law that 99.9% of the time when the superintendent wants this board to ratify her actions, they will. But I'm going to ask you look at it. Cuz if you see something more than what was presented here today to to to

040to say that someone who loves to do their job is not allowed to do their job for whatever reason in a small community, and to say that it's a non-disciplinary thing, that's not true. And you know it's not true. There's no reason to ratify what she's doing. Shawna would love to be back doing what she does and what she gets paid for and what she's been trained to do for years. There's nothing in this investigation. They've had over 30 days to do it. If they had it, you would have it. There'd be a smoking gun. She's been punished. And that's all I'm going to say. Closing statement? Yes. >> Sir, do you have a closing statement? I want to first of all say that Ms. Burke Kinderman didn't testify here today. So, any statement that

041Mr. Doss gave about what Ms. Kinderman may or may not say or how she might feel would be totally irrelevant and inadmissible here today. This era this issue before the board, as I said earlier in opening statement, is a very narrow issue. It's it's kind of interesting that Mr. Doss argues what the standard is for this hearing today. He's stated that repeatedly whether or not the superintendent's actions were arbitrary and capricious. Well, as an attorney, he would know that in order to test that, you would have to have a hearing, which is why we're here today, which is what he has stated several times is why he's here. So, it's disingenuous to then try to cross-examine the superintendent about whether there was a necessity of a hearing. I would I submit that that is just

042to distract from the issue of why we are here today. The board is not here to determine whether any alleged conduct even occurred. The only question is whether superintendent acted reasonably based on the information available to her at the time in placing the employee on administrative leave pending an ongoing investigation. The investigation remains ongoing, as the superintendent has testified, and she must be allowed to proceed to completion. The employee today, through her representative, has not met the burden of showing that the superintendent's decision was arbitrary, capricious, or contrary to law. So, we submit that she has demonstrated through her own testimony that based on the information she had, that what she has under investigation, uh in her opinion, uh is that it does impact the learning environment of students and could impact the health, safety,

043welfare of students. That's what she's testified under oath here today. She's the only witness who's testified here today. So, that's the only testimony that you have before you here today. She's testified about that. So, we submit to you that based on the evidence that's before the board here today, that the superintendent's decision should be approved, and we ask that when you take that motion up at some point in time in this hearing that you do so. Thank you. Okay. The board will now to retire to executive session to deliberate. Do I have a motion to go into executive session? I move. Mr. McCombs made a motion. Do I have a second? I second. Mr. McNair has seconded. All those in favor signify by saying aye. Aye. Motion carried. We will now go in executive session.

044>> Station in open session. Mr. McComb made a motion. Do I have a second? I'll second. Mr. McNab second all those in favor signify by saying I. I. Are you recording? Motion carries. We come out at 4:52. Yes. Yes. Dr. Williams, do you have a recommendation regarding whether the board should approve the continued paid administrative leave for of the employee pending completion of the investigation? It is my recommendation that we continue on the uh paid administrative leave non-disciplinary to the conclusion of the investigation. Is there a motion? I'll move. Mr. McComb has made a motion. Do I have a second? Second. Mr. Gibson second that. All those in favor signify by saying I. I. It's 3 to 1. Huh? I thought you voted. Oh, I thought you voted. It's 3 to 1. I was going

045to say you need to You better get your hearing aid and smile. A little bit of them. Huh? One cup of one cup of coffee. I think that ends the hearing then. Yeah, that's it for the hearing. That's it. It's for the hearing. Okay. Number four is approval of out of county trips. Do I have a motion? I'll move. Mr. McComb has made a motion. Do I have a second? I'll second. Mr. McNab second it. All those in favor signify by saying I. I. Our next Board of Education meeting will be held on Tuesday, April the 7th, 2026 at the Pocahontas County Board of Education conference room at 6:00 p.m. We are hereby adjourned. We can't we can't drink anything because we got to let everything go. We can adjourn this meeting. I think we

046can adjourn. Did we? Yeah. Did we adjourn the meeting? I thought I made a motion to adjourn this. Okay. We need to leave the last Yes, we did adjourn this. How did I do, Tim? You came out of executive session and you adjourned the meeting. Yes. Yes.

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