MINUTES OF THE REGULAR MEETING OF THE BOARD OF EDUCATION
BENTON HARBOR AREA SCHOOLS
JANUARY 17, 2006

The January regular meeting of the Board of Education was called to order by President J. Allene Smith at 6:15 p.m. in the Benton Harbor High School, Student Commons Area.

Present:  Mrs. J. Allene Smith, Mr. Dan McGinnis (7:05), Dr. Perry Davis (7:45), Mr. Anthony Henry, Mr. Ken Woltman, Mr. Robert Bowman and Mrs. Carolyn Fort

Also Present:  Student Board Members Samantha Gunter and Trenton Bowens

The Benton Harbor Area Schools Junior Reserve Officers' Training Corps JROTC offered the Presentation of Colors and the Pledge of Allegiance was recited.

Minutes
A motion was made by Mr. Woltman and supported by Mrs. Fort that the Minutes of the work session of December 6, 2005 be approved as printed.

The motion passed by unanimous vote.

A motion was made by Mrs. Fort and supported by Mr. Bowman that the Minutes of the regular meeting of December 13, 2005 be approved as printed.

The motion passed by unanimous vote.

A motion was made by Mr. Woltman and supported by Mr. Bowman that the Minutes of the special meeting of December 13, 2005 be approved as printed.

The motion passed by unanimous vote.

Vendor Payments
A motion was made by Mr. Woltman and supported by Mr. Henry that vendor payments in the amount of $1,618,970.76 be approved for payment.

The motion passed by unanimous vote.

Activity of the General Fund was reviewed and accepted as presented.

Recognitions
In honor of School Board Recognition Month, the Children's Choir at Sorter Elementary School sang three songs for Board trustees and each trustee received a Tiger t-shirt from the high school athletic department.

Central Administration
Staff Report #1
A motion was made by Mr. Woltman and supported by Mr. Bowman:

THAT the Benton Harbor Area Schools Board of Education officially accept and acknowledge the resolution by the Michigan State Board of Education declaring January 2006, as School Board Recognition Month.

The motion passed by unanimous vote.

Staff Report #2
A motion was made by Mr. Woltman and supported by Mrs. Fort:

THAT the Benton Harbor Area Schools Board of Education officially accept and acknowledge the Proclamation by the State of Michigan, Executive Office of Governor Jennifer M. Granholm, proclaiming January 2006, as School Board Recognition Month.

The motion passed by unanimous vote.

Staff Report #3
A motion was made by Mr. Bowman and supported by Mr. Woltman:

THAT Board policy:

be hereby adopted as policy of the School District and that any previous policy as listed be hereby rescinded.

The motion passed by unanimous vote.

Staff Report #4
A motion was made by Mrs. Fort and supported by Mr. Woltman:

THAT the Board of Education, Benton Harbor Area Schools, meet in closed session on the following dates:

Tuesday, January 17, 2006 before, during or following
the regular meeting of the Board of Education on
that date, and

Tuesday, February 7, 2006 before, during or following
the work session of the Board of Education on that date,

at the Benton Harbor High School, Student Commons Area, 870 Colfax Avenue, Benton Harbor, Michigan, in said District for the purpose of discussing with legal counsel litigations, negotiations and possible expulsions.

The motion passed by unanimous vote.

Technology
Staff Report #5
A motion was made by Mr. Bowman and supported by Mr. Woltman:

THAT the Benton Harbor Area Schools Board of Education approve the following telecommunication services costs:

AT&T Michigan Centrex Services Agreement at a cost of $751.16 per month for an annual cost of $9,013.92.

The motion passed by unanimous vote.

Staff Report #6
A motion was made by Mr. Bowman and supported by Mr. Woltman:

THAT the Benton Harbor Area Schools Board of Education approve the following telecommunications costs:

Cellular Service for twelve months at a cost $1,480.46 per month for an annual cost of $17,765.52.

The motion passed by unanimous vote.

Staff Report #7
A motion was made by Mr. Woltman and supported by Mr. Bowman:

THAT the Benton Harbor Area Schools Board of Education approve the following licensing costs:

NetWare, ZENworks and BorderManager Bundle - 4,300 users at a cost of $8,600.00;

GroupWise/Netmail Bundle – 4,300 users at a cost of $2,150.00;

Novell ZENworks Patch Management – 4,300 users at a cost of $2,150.00.

Grand Total:            $12,900.00

The motion passed by unanimous vote.

Staff Report #8
A motion was made by Mr. Woltman and supported by Mr. Henry:

THAT the Benton Harbor Area Schools Board of Education approve the following technology internal connections costs:

SecantCare Education Partnership Agreement for basic maintenance, troubleshooting, and technical services – including routers, switches, and servers at a cost of $22,500.00;

SecantCare for Network Hardware Products – on-site 24X7X4 support for routers, switches, firewalls, cache engines and multiplexer at a cost of $26,157.00;

Purchase, installation and configuration of switches, modules, wireless access points and antennas, authentication server, and uninterruptible power supplies at a cost of $432,453.00.

Grand Total:            $481,110.00

The motion passed by unanimous vote.

Staff Report #9
A motion was made by Mr. Woltman and supported by Mrs. Fort:

THAT the Benton Harbor Area Schools Board of Education approve the Total Telecom Wiring Repair and Maintenance Agreement for a grand total of $68,200.00.

The motion passed by unanimous vote.

Business/Finance
Staff Report #10
A motion was made by Mr. Bowman and supported by Mr. Woltman:

THAT the Benton Harbor Area Schools Board of Education adopt the resolution, as prepared by the Thrun Law Firm, indicating the purpose of regular school election, which is scheduled for Tuesday, May 2, 2006.

The motion passed by unanimous vote.

Operations/Facilities
Staff Report #11
A motion was made by Mr. Woltman and supported by Mr. Bowman:

THAT the Benton Harbor Area Schools Board of Education approve the renewal of a one year contract with Cornerstone Energy for the purchase of natural gas for 2006, with two-one year options.

The motion passed by unanimous vote.

Instruction
Staff Report #12
A motion was made by Mr. Woltman and supported by Mr. Henry:

THAT the Benton Harbor Area Schools Board of Education approve the installation agreement and the purchase of equipment for the Benton Harbor High School TV Studio from TPC Technologies, Inc. for a total cost of $50,551.00.

The motion passed by unanimous vote.

Other
Fair Plain Renaissance Middle School 7th grader Derrren McCormick was present and recited a verse he called In The Eyes Of A Child and stated that he has accepted a calling into ministry with the Progressive Missionary Baptist Church.

Superintendent’s Update
Student Board member Trenton Bowens received the 2006 Humanitarian Award during a Martin Luther King, Jr. Celebration at AME Church.

In honor of Martin Luther King Jr., students from St. Joseph and Benton Harbor presented to SJ/BH Rotary an excellent I Have A Dream speech, which concluded with their dreams.

Public Participation
Mrs. Lisa Peeples-Hurst addressed the Board of Education expressing her concerns with student safety and student gangs.  She questioned what measures are in place to ensure student safety and how much the Progress Newsletter cost taxpayers.  Mrs. Hurst discussed an incident last week at the Freshman Academy proclaiming her support of security cameras in schools.

Board Comments
Trustee McGinnis stated that youth gangs must be squashed before becoming out-of-control, as the police department will not tolerate this behavior.

Student Board members Gunter and Bowens suggested that police, schools and parents should come together to deter gang violence stressing that parents must be involved to solve these problems.

Trustee Bowman stated that parents must be notified of their child’s behavior, as the majority of parents are in support of ensuring that their children are doing the right things and not involved in crime or gangs.

Human Resources/Labor Relations
Staff Report #13
A motion was made by Mr. McGinnis and supported by Mr. Woltman:

THAT the Benton Harbor Area Schools Board of Education return Jeffery Ginter to work effective January 9, 2006.

The motion passed by unanimous vote.

Staff Report #14
A motion was made Mr. Woltman and supported by Dr. Davis:

THAT the Benton Harbor Area Schools Board of Education vote to terminate the employment of Mr. Charles Fleming, effective immediately.

Mr. Charles Fleming was present and requested an open hearing with the Board of Education.  Also present was his attorney Charlette Pugh-Tall and Benton Harbor Area Schools Administrators Association President Larry Gavin.  District labor attorney Gary Chamberlin was also present.  Packets of information were disseminated to the Board of Education from Attorney Pugh-Tall and Superintendent Dawning to read in the matter of Mr. Fleming.

 A motion was made by Mr. Bowman and supported by Mr. Woltman:

THAT the Benton Harbor Area Schools Board of Education recess to closed session for the purpose of reading the packets of information regarding Mr. Charles Fleming.

The motion passed by unanimous vote.

The Board recessed to closed session at 7:45 p.m.

The Board reconvened to open session at 8:00 p.m.

Assistant Superintendent for Secondary Education J. Leonard Wright shared with the Board of Education his recommendations as to why Mr. Fleming was being recommended for discharge from the District, which included leadership, attendance, unprofessional conduct with a special education student; and that Mr. Fleming was not comfortable in his position as Principal of Stump Special Education Academy.

Attorney Charlette Pugh-Tall stated that Mr. Fleming is in the National Guard and was activated during this year.  Mr. Fleming has requested to be transferred to another position within the District.  She cited that the Benton Harbor Area Schools has stopped Mr. Fleming’s salary and insurance, putting undue stress upon his family.  Mr. Fleming has filed a complaint with the State.  Mr. Fleming’s insurance has since been reinstated and his salary should have been for 1 year, per his employment contract that is bound by the August 2005 Administrators Labor Agreement.  Attorney Pugh-Tall asked the Board of Education to either terminate Mr. Fleming’s contract or transfer him to another position, but not to discharge him, as it would flaw his 20-year educational record.

Mr. Charles Fleming addressed the Board of Education in defense of himself.  Mr. Fleming stated that he has never experienced such terrible treatment, as he has experienced here at Benton Harbor Area Schools.  I have been spit on, kicked and slapped.  Staff are assaulted each day by students.  Special education students must be restrained to make sure of their own safety and I have never harmed a child, only restrained them.  The child in question has sexually assaulted another child, choked a teacher and assaulted other students.  Stump Academy has severely emotionally disabled students.  I was not aware of the job requirements until recently and I was surprised because I only meet two of those requirements.  Stump Academy students are not offered support, nor was I.  Dr. Wright has not made himself available, nor offered any support and is unaware of policy.  Stump School has poor planning, lack of books, over-cramped classrooms and teachers that lack a planning period.  Had I seen the job description of Stump Academy prior, I would not have accepted the position that Dr. Wright offered to me.  I originally applied for principalship at Fair Plain Renaissance Middle School, not Stump Academy.

I was hired to run a program and Dr. Wright is stating to you that there has been no progress made in that program, but has told me that he was satisfied with my leadership.  There is misinformation and deceit being presented by Dr. Wright.  I am very surprised with the discharge recommendation, as none of my concerns were ever addressed.  The administration staff has treated me very poorly and I have no intentions of resigning, as I have done nothing wrong.

As a member of the armed forces I was activated this year to duty.  I have received 1 payroll check and am missing 4 payroll checks.  My insurance being terminated is an unacceptable nightmare.  My 1st week back I was placed at the Benton Harbor High School Twilight Academy, to replace the principal who walked off the job and to support Mr. Roseboro.  I worked there 4 days.

Assistant Superintendent for Human Resources and Labor Relations Nora Jefferson stated that the Business Office records showed that Mr. Fleming was running out of sick days.  It is very difficult to receive money back and the District did not want to overpay Mr. Fleming.  Superintendent Dawning stated that Mr. Fleming was advised by myself of the language in the employment contract, as not being a guarantee for probationary staff.  I personally have consulted with Mr. Fleming as to the issue of too many student suspensions, as special education students are not treated as general population in regard to discipline.  The Intermediate School District share social workers with the District and provide training.  Due to a lack of a Special Education Director, the District had to step in to assure that special education students’ I.E.Ps were being followed.  Mr. Fleming was aware of program expectations and how to exceed.

Board of Education trustees questioned the 12 month probation period in the contract and if Mr. Fleming was aware of the Stump Principal qualifications.  By his own admission he is not certified in Special Education – so why was he offered the principalship of the Stump Academy?  Additional Board concerns were termination of insurance and why he was not offered another employment position.  Dr. J. Leonard Wright was questioned if he was qualified or certified in special education to provide the needed support.

Attorney Charlette Pugh-Tall referred to the Administrators Collective Bargaining Agreement and asked that Mr. Charles Fleming be allowed to continue his 1-year agreement at the Benton Harbor High School.

Trustee Fort stated that the Board of Education has an abundance of information to absorb tonight, and suggested that the motion to terminate Mr. Fleming be withdrawn and tabled until a special Board meeting is called.

A motion was made by Mr. Woltman and supported by Dr. Davis:

THAT the Benton Harbor Area Schools Board of Education withdraw the motion to terminate the employment of Mr. Charles Fleming.

The motion passed by unanimous vote.

A motion was made by Mr. Henry and supported by Mr. McGinnis:

THAT the Benton Harbor Area Schools Board of Education table staff report #14, Discharge of Professional Staff until 7:00 p.m. Monday, January 23, 2006.

The motion passed by unanimous vote.

There being no further business, the January regular meeting of the Board of Education was adjourned at 10:00 p.m.