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Special Meeting 1-30-13 at 130pm-Exceptions Hearing re Prudente
January 30, 2013


Public Opening
1. Time 1:31pm
2. Attendance

Minutes: 

District 1 Mike Murgio – Present

District 2 Chuck Shaw – Present  

District 3 Karen Brill - Present

District 4 Jennifer Prior Brown - Present

District 5 Frank Barbieri - Present

District 6 Marcia Andrews - Present

District 7 Debra Robinson – Absent

Also present were Superintendent E. Wayne Gent; Chief Academic Officer Janis Andrews;  and General Counsel Sheryl Wood.


Call to Order and Pledge of Allegiance
3. Chairman Shaw

Minutes: 

Chairman Shaw opened the meeting.

 


Review of Minutes (if any)
4. Approval of Minutes - See Below
Attachment: Minutes 1-16-13 Board Meeting.pdf

Chairman Adds Items for Good Cause (if any)
5. Added Items - None

Superintendent Withdraws Items (if any)
6. Withdrawn Items - None

Board Pulls Items from Consent Agenda (if any)
7. Pulled Items - None

Board Review and Approval of Agenda
8. Agenda Approval Not Needed

Disclosures and Abstentions (if any)
9. Disclosures and Abstentions - None

Board Comments (3 minutes per member)
10. Board Comments - None

Committee Reports
11. Superintendent Report - None

Agenda Items - Speakers
12. No Speakers

Consent Agenda
Legal

13. Exceptions Hearing re: Paula Prudente
Attachment: Recommended Order.pdf
Minutes: 

Chairman Shaw convened Exceptions Hearing regarding Paula Prudente involving suspension/termination of teacher misusing school district technology and insuburdination. General Counsel Wood described the situation to reviewing recommendation for suspension/termination of Ms. Prudente.  Ms. Prudente is represented by Mr. Jeffrey Sermons at the Division of Administrative Hearing which already took place and Ms. Bernard represented School District Superintendent.  Ms. Bernard has submitted a Motion to Strike since documents do not constitute exceptions, documents refer to or seek to introduce new factual matters, no authority for filing third set of documents. Ms. Bernard asked to reserve 1 minute from the 5 minutes allowed, to speak later.  She summarized some points included in a binder given out to all Board Members.  Initial errors are first, she had not submitted any exceptions, second there are series of new documents never considered by the ALJ, third submission is untimely, attempting to reply to my reply which rules do not allow her to do that.  Mr. Sermons informed that Ms. Prudente filed exceptions on her own in her own handwriting to be considered by the Board.  Ms. Bernard, using her 1 minute left, informed the Board that it is slightly accurate that there may be some leniency when it comes to pleading but they must never conform procedural rules and Ms. Prudente's third submission is completely improper. Ms. Brill asked to specify what is an allowable exception.  Ms. Wood explained it. Ms. Andrews asked for definition of partially correct.  Ms. Bernard explained it.  General Counsel Wood explained that litigant is represented by Counsel therefore you cannot respond to exception if you don't know what it is.  Ms. Brown informed that Ms. Prudente was represented by counsel and counsel would be the one to file exceptions, not Ms. Purdente on her own.  Mr. Barbieri indicated that she has to follow procedural rule and she did not.



Motions:
Motion to hear arguments regarding Striking of Exceptions.- PASS
 
Vote Results
Motion: Karen Brill
Second: Michael Murgio
Marcia Andrews- Aye
Frank Barbieri- Aye
Karen Brill- Aye
Jennifer Brown (Board)- Aye
Michael Murgio- Aye
Debra Robinson- Not Present
Chuck Shaw- Aye



Motions:
Motion to Strike Exceptions.- PASS
 
Vote Results
Motion: Jennifer Brown (Board)
Second: Frank Barbieri
Marcia Andrews- Aye
Frank Barbieri- Aye
Karen Brill- Aye
Jennifer Brown (Board)- Aye
Michael Murgio- Aye
Debra Robinson- Not Present
Chuck Shaw- Aye



Motions:
Motion to include decision on striking to final administration judges ruling.- PASS
 
Vote Results
Motion: Michael Murgio
Second: Jennifer Brown (Board)
Marcia Andrews- Aye
Frank Barbieri- Aye
Karen Brill- Aye
Jennifer Brown (Board)- Aye
Michael Murgio- Aye
Debra Robinson- Not Present
Chuck Shaw- Aye


Approval of Consent Agenda
14. Consent Agenda Approval - Not Needed

Unfinished Business
15. None

New Business
Adjourn
16. Time 1:00pm


Motions:
Motion to Adjourn Meeting.- PASS
 
Vote Results
Motion: Karen Brill
Second: Jennifer Brown (Board)
Marcia Andrews- Aye
Frank Barbieri- Aye
Karen Brill- Aye
Jennifer Brown (Board)- Aye
Michael Murgio- Aye
Debra Robinson- Not Present
Chuck Shaw- Aye







Secretary

Chair