September 27, 2023 at 4:30 PM - Board of Education Special Called Meeting

Discussion:   - (See above)

Discussion:   - Boston led the board members in a Moment of Silence. After a moment of silence, Boston led the audience in the Pledge of Allegiance. 

Discussion:   (See Above)

Discussion:   (See Exhibit #1) Boston advised, next is the approval of the agenda. (Motion #1) Hamby advised, I make a motion we approve the agenda. Hale advised, second. Boston advised, okay so we have a first and second. All in favor say aye. (before a Voice Vote was finished) (Motion #2) King advised, I have a question. Stout replied, discussion. King continued, I would like to remove items 5 and 6 from the agenda. Boston asked, okay so where do we go from here, Mr. Parlimentarian? We've got a motion to accept as it is and you've made an amendment. Are you willing to amend your first? Hamby replied, no I am not. Boston asked Hale, are you willing to amend your second? Hale replied, no. Stout asked, well that's not an amendment, right? You're moving. Boston replied, yes. Stout continued, so it requires a vote? Boston asked, the amendment requires a vote? Stout replied, the move requires a vote. Boston asked, from? Hamby replied, we made a motion and a second. He made an amendment. Stout replied, it's not an amendment, he's moving. Boston replied, Mr. King has moved, that items number 5 and 6 be removed from the agenda. Boston replied, I'm going to do a roll call (Motion #2). A Roll Call Vote was taken. (The motion failed.) Boston advised, so they will remain on the agenda. (Motion #1) All in favor of the agenda as published. A Voice Vote was taken. King requested a A Roll Call Vote be taken. (motion passed) Boston advised, so the agenda will stand as published. 

Discussion:   - Boston advised, next on the agenda is Community Comments. I think Mr. John Patterson, you signed up for Community Comments. Could please state your name, your address. 

John Patterson (County Commissioner, 9TH District)
108 Walden Ridge Drive
Crossville, TN 

Patterson advised, comments first. I'm glad to see I haven't commented on earlier, but the additional board that people can read for those people on that wall. Who couldn't see it here, could not see it. Secondly, that light fixture still needs to be fixed. I hope it doesn't fall in on Mr. King's head. Today I got it okay, we have a Special Called meeting, yet we don't know what the emergency. What's critical to be discussed is not mentioned here, but I imagine it has to do with the South renovations. You've provided a budget that was passed for 2.6 billion dollars for improvements. You wish to reallocate 2.2 million for this renovation. Renovations going through school with the declining student population. That would leave about four hundred thousand dollars to take care of a host of maintenance items. Some of which perhaps should be considered more critical. We have fire alarms and sprinkler systems that are prone to failure and need to be replaced. I think these safety items should take precedent over any attempt to add classrooms to school just because it's their turn. I think my time might be up, but I thank you for your attention. 

Linda Clark, President of the Cumberland County Tennessee Republican Womens Club

Clark advised, I want to talk to you about transparency. It is not achieved when meetings are called with 24 hours notice. It is not achieved when minutes from meetings conducted in May are not available for public view. Although the Board of Education has defined 24 hours as adequate notice. That doesn't make it so. 24 hours does not provide the public or even school board members with sufficient time to adjust their schedules, much less do research to be prepared for the meeting. Just because the TCA does not specifically define adequate for you does not preclude the use of common sense and courtesy to the public and to one another. Transparency builds trust. An informed public will be supportive of your efforts. Lack of transparency leads to suspicions such as why the heck was this meeting called only one day before a regular meeting is scheduled on an item that the agenda indicates was discussed for months, possibly years. Why the urgency of calling it the day before regular scheduled meeting. Since budget allocation is on the agenda, knowing what transpired in these meetings is relevant. Those missing minutes from the public view don't allow us to have a full view of what's going on here. There are serious statements assigning motivation in the documents that's not a named source on who's making those allegations. This requires you know again a lack of transparency and what is going on, but I caution you since you're going to talk about the evaluation of one another. That this body being able to work together to accomplish positive ends is not helped when there are assigned motivations that are not based on anything substantiated in what I have seen on those documents and I'm not mother to all of you, although I might be old enough to be a mother to some of you, but you know you need to keep in focused what is the mission and you need to strive for transparency that will help you with the public and with one another. So thank you. 

Rebecca Stone (County Commissioner, 3rd District)
1013 Sawmill Road
Crossville, TN

Mrs. Stone advised, I just thought I would follow up since I spoke earlier this Spring when y'all were wanting to move money for the South school addition and it was all about Fund Balance then, as I understand the money is not coming from reallocations. It would be coming again, I think the proposal is from Fund Balance and what that would do to your Fund Balance. Your projected Fund Balance is 5.6 million. It was down from last year, down from the year before, and if you take 2.21 million out of it. Your balance will be 3.39 million. Now to do that it would do just like before. You would have to pass it. It would have to go to the Budget Committee. They would have to approve it. It would have to go to the full commission. They would have to approve it and even if it jumped all those hurdles, the State Comptroller would have to approve it. They just approved your budget and to come immediately with a proposal to reduce it to a skinny balance for an additional project. I don't think they'll approve it. I don't think any of the hurdles will be cleared. So I would urge you to wait, get your study on your renovations, build your Fund Balance, and then consider additional projects for the whole school system. Thank you. 

Discussion:   (See Exhibit #2) Boston advised, next on the agenda is the South Renovation Resolution. It's a 141 budget amendment. I'll entertain a motion. (Motion #1) Hamby advised, I make a motion that we approve the amendment. Hale advised, second. Boston replied, so I have a first and a second for the approval of the resolution for South School Project. Any discussion? King asked, I have a question. This would be a line item transfer? Boston replied, yes. It would go from Fund Balance. King continued, so our Policy 2.201 says that, that comes from the Director of Schools. Did he ask for it? Boston replied, I don't think you did ask for it. Did you? Stepp replied, I did not ask for it. King continued, so we're violating policy. Boston replied, okay let's pull up that policy. Could you Diane? Stout asked, Mr. Stepp this is not based on your recommendation? Stepp replied, no ma'am. Boston asked, so you do not recommend this resolution? Stepp replied, I did not ask for this resolution. I think you went to Mrs. Bray and had her do it and put it on the agenda right? Boston replied, no, but you and I talked about it last week. Stepp replied, I do not recommend this, no. Boston replied, okay. Well if it's a violation of policy and Mr. Stepp does not recommend it, then I think we'll have to go back and see where we are, 2.201. Is this a line item transfer, Mrs. Bray? Bray replied, yes. Boston asked, where would we put the money if we just transferred it to another line? Bray replied, in building construction? Boston asked, is that another line item transfer? Bray replied,  it would be the same thing. I mean you're going to move it from Fund Balance to an expense account. Boston replied, okay. So in your; whether it's Mr. Stepp's recommendation or not. Where do you move this to where it has to be upon the recommendation of the Director? Bray replied, honestly that portion is just a template that all of them say okay and it was the one that I was left with. Boston replied, okay. Well I think that with that being said, then we're going to have to reboot and find out how this recommendation can come before the board without the Director's recommendation. Stout advised, I think based on this information, (Motion #2) I'd like to move that we go ahead and table this until we get the study that we've all approved that we're spending money on for our maintenance and our renovation needs for the entire district and then Mr. Stepp can come to us with his recommendations at that point. Boston asked, is that a motion? Stout replied, that's a motion. Stout continued, so to table it until we get the full study back on the entire district and then ask Mr. Stepp to come to us with his recommendations. Hamby asked, don't we have to remove our first and second before she can make a new motion? Stout advised, it's not a motion, it's a move. Hamby replied, yes I understand that. Boston replied, if we can't move forward on it and I apologize, because I miss this. Not considering this, because we had already visited this resolution and it was voided due to the time lapse of the budget committee tabling. Earl, if we've had this resolution before and it expired. Does it still have to be recommended by the Director? Patton replied, I believe it would under the policy as it's just been. Boston replied, okay. I will  accept your opinion. So that is not a motion. You've got a motion that we've tabled this?  Stout replied, well I'm moving that we table it based on this information. Boston replied, I don't think we can table something that was not recommended by the Director. Stout asked, so are we removing the motions? Boston replied, I think we have to. Stout continued, so another motion can be made? Boston replied, I think we have to. Hamby replied, yes. The motions and this is just for line item number 6. Boston replied, yes until we can go back and reconstruct. Stout replied, okay so I will make that move a motion now that the other motions have been removed. Boston replied, well I don't think you can make a motion on something's tabled. Hamby replied, it's just flat out tabled. Boston replied, that it's not recommended. Stout replied, okay, alright. So we're just going to have it on record that we're tabling it until. Boston replied, I don't think we can table something that was not recommended by the Director. Hamby replied, all we have to do is it's off the agenda. Stout replied, okay. Boston replied, I think we have to research and contact different individuals to find out how the board is still and research other policies, because I'm comfortable that this board is in charge and responsible for all finances. Stout replied, for approving. Boston continued, for bringing a resolution back before. Davis replied, if I could ask a question on Policy 1101. Boston asked, 1101, what's that? Davis replied, a role of the Board of Education. Boston replied, well you're gonna have to pull it up, 1101. Davis continued, under the fiscal column, number 3. Boston replied, yes. Well she's gonna have to bring it up first. Davis replied, so it says our role is to approve, adopt the budget, approved purchases outside the budget on case-by-case basis in accordance with board policy and then number 3 is to approve the budget transfers. So does that mean that we're enable? Boston replied, well that's why I think I did not look at 2.2 I looked at the rest of them, but did not look at that and since we are tasked with the budget and purchases outside by case-by-case basis, to approve budget transfers. I think that is just going to require some more research, because yes I think we can. We do it every month. We pass resolutions every month. They're just on the agenda. Davis replied, but that means that they've got to be; he's got to be directing them and we can't propose them. Is that the way I understand it? Boston replied, that's what 2.201 is something. Hamby replied, and that's what we're going to have to look at, because this is contradictory, because this says we can approve budget transfers. The other one says we can't. Boston replied, and our Director does not recommend. Davis replied, I guess my point is that our goal is to approve not propose. Stout replied, right. Boston replied, but it doesn't matter. Stout replied, and this just says approve. Boston continued, in the position to propose as well. I mean if we don't approve it, we're to approve purchases. I don't think it matters who proposes them. Stout replied, Mr. Stepp is the Director is tasked with coming up with the budget and based on that the 2.201 he's also tasked with making the recommendations and then we approve based on that. Davis replied, I'm just trying to understand like we've defined our role of the Board of Education per our policy. At no point does it say in here that we're to propose the budget. Nichols replied, it all says approve. Davis continued, it says we're to approve. Boston replied, right and we do. Davis continued, approved purchases and approve which means that it never tells us to propose it. Boston replied, Earl. Patton replied, I'm listening and you know I don't receive these in advance you know. So I'm kind of researching in real time here. Your Policy 2.201 the only reference on that is an Attorney General's opinion that I'm reading and I don't see anything that specifically deals with the Director's authority to initially make that proposal and then for the board to approve it. So it is a little bit contradictory to your other policies and I do think that requires further research. Boston replied, I think you're right, because I can not imagine. Patton continued, but it's clearly a policy that the board has passed. Boston replied, at the moment.  Stout replied, and TSBA does say in the Board's Role in School Finance, the board should not do the following, specifically write the budget, administer the budget, or micromanage the budget. Boston asked, where do you find that? Stout replied, Board's Role in School Finance TSBA. Boston asked, I mean is it, what is it? Hamby asked, is it a policy? Boston asked is it a policy? Stepp replied, that is from the professional development I did with the board on budget that was provided by TSBA. Stout replied, and also from the class that they do. Boston asked, and you would propose this resolution is what? Stout asked, what do you mean resolution? Boston replied, well read that statement again. Stout replied, the board should not do the following, specifically write the budget, administer the budget, or micromanage the budget. Boston replied, okay, I agree with that wholeheartedly. Stout continued, so that's why I guess the budget's all in the Director's purview to work with the CFO to create and then recommend and then we look at it for the district to determine whether we should approve the recommendations or not. Boston replied, and if we don't approve the recommendations. Stout replied, then we would send it back to him to come back to us again to make  whatever changes. Boston replied, thats our purview. Hamby replied, and policy states that the Director and the chairman, which is the Executive Committee works together to build the budget. Boston replied, supposedly, yes. Davis asked, it says that? Hamby replied, yes it does. Stout replied, to do the budget. Boston replied, and that's actually statutory. That comes from TCA code. Davis replied, yeah. So to be identified how many times they're supposed to do that? Boston replied, no. Once you pass the budget, that's your budget for that year and I think that I'm comfortable with this being tabling. Until we are comfortable with how if it is not a recommendation of the Director, how does the board propose a line item transfer and I think the Comptroller's Office should be able to or TSBA should be able to answer that question for us. Davis replied, Mrs. Boston, can you help us understand why
we're meeting especially today as opposed to tomorrow? Boston replied, absolutely, because we wanted a work session and we wanted to move forward with the South School Project and so that's why we are especially needing to approve this resolution, which has been nixed for the moment, and so we could go straight into a work session while we have everybody here. Davis asked, we couldn't have done that tomorrow? Boston replied, we can't do a work session when you've got a regular call meeting. Stout asked, are you asking about the work session Nick or are you asking about the resolution? Davis replied, I'm asking about the resolution. Boston replied, well I wanted to since they would be tied together. I wanted to do them both at once to conduct the business of the district. Davis asked, but what constituted it being special today versus the timing of tomorrow? The difference of 24 hours. What's special today? Boston replied, for the work session. Davis asked, so if these items weren't addressed today, what would have been the worst case scenario that happened tomorrow? Boston replied, none. Hamby replied, we could not have done them tomorrow. Boston replied, we have been trying to set a work session for quite some time, but because of everyone's scheduling it has been impossible, but the meeting today. Davis replied, I was just asking about this Special Call Meeting. Boston replied, the Special Call was to address the resolution for South school project. Davis asked, and if voted for this to go through today, how would that have impacted tomorrow? Hamby and Boston replied, it would not have. Davis asked, then  why didn't we just have the meeting tomorrow? Boston asked, you can't. Why would you have a Special Called in a Regular Meeting on the same day? Davis asked, why wouldn't this just been an agenda item? Boston replied, because of the work session Mr. Davis. Stout asked, would the work session stopped us from having this? Boston replied, we would go immediately into a work session and so to coordinate the two together you're going into a work session. I have been trying for a month to get schedules together to do a work session. Why not do both at once? I mean, do you have a problem with that? Davis replied, the Special Call Meetings I do, yeah. Boston asked, why? Davis replied, because they're inconveniently placed into schedules that people have set. Boston replied, I specifically called you to set. Davis replied, I agree. Boston continued, and said which day is best for you. So this meeting was called specifically on this day at this time so you could be here. Stout asked, did everybody get a call to check their availability? Boston replied, no they did not, because most of us are very readily available. Mr Davis has a little bit busier schedule than we do, because of his children. Stout replied, I think everybody's schedule is busy with different priorities. Hamby replied, I think we're getting off topic here and I think it is becoming an argument that doesn't need to happen. I think Mrs. Boston has answered the question of why a Special Call today. We still have items on the agenda to discuss. Boston replied, we do. Hamby continued, and I think we need to move forward. Davis replied, I appreciate that. I was just asking for clarity on what was the most specific thing, I guess. Boston replied, well the most specific thing was to move forward with the South School Project, which there are board members that highly, highly support that and very adamantly support that project. If we let it linger then it doesn't get done. So to address that, but apparently beforehand, we've got to address some legalities first and those legalities will be addressed and we'll move forward. I will make every attempt Mr. Davis not to call a Special Call Meeting. Davis replied, I appreciate it and I'm just; I mean you understand why. It's just more convenient if it's on the schedule and it can be an agenda item as opposed to separate meeting, for everybody to all the public comments that were made. For everybody that didn't get the phone call. For the Special Call Meeting that everybody that doesn't have knowledge of maybe the tribal knowledge that's internal to try to not. I've not been able to; this is the  first Special Called Meeting I've been able to attend and I wish I could attend all of the meetings. Boston replied, well in all due respect, this was set so you could attend. So you could participate in the work session, because you have the most difficult schedule, because you have small children to attend to. Mrs. Stull so do you. Not undermining that, but you've seem to make those arrangements and Mr. Davis is in a difficult position. Davis replied, thank you for your answer. Boston replied, you're welcome, anytime. 

Discussion:   (See Exhibit #3) Boston advised, the next agenda item. These are the South discussion. The South Renovation Discussions. I'm going to make a motion that we move those to the work session and just go straight into the work session, because I think those documents can be discussed during our work session and have a little bit more open, because they require no vote. Hamby advised, and I will second that. A Roll Call Vote was taken. (Motion Carried) Boston continued, So those documents will be moved to the work session to be discussed. I apologize for not looking at my policy a little bit more clear. It was my understanding that the board had a little bit more leadway with their finances than we do. So we may want to since that policy is not guided by statutory authority. We may want to revisit  that policy in October. So if you would be so kind if we don't find anything statutory, you would put
that on a Policy Committee. Hamby replied, I sure will. Boston replied, thank you. Any further comments? No one responded. 

Discussion:   - No Old Business was discussed. 

Discussion:   - Boston asked if there were any questions from the media. No questions were asked.

Discussion:   - Hamby made and Hale seconded a motion to adjourn at 4:58pm.