11-26-2019 Special School Board Meeting


The School Board of Brevard County, Florida met in special session on Tuesday, November 26, 2019, at the Educational Services Facility, 2700 Judge Fran Jamieson Way, Viera, Florida. Notice of the meeting was advertised in the Eagle newspaper on Thursday, November 7, 2019. The affidavit of publication with a copy of the ad attached is filed in the Affidavit File in the Board Office.

A. Call to Order
1. Call to Order

Minutes: Chairman Belford called the meeting to order at: 10:01 a.m.

A. Roll Call
2. Roll Call

Minutes: Members Present:  Misty Belford, Cheryl McDougall, Tina Descovich, Matt Susin and Katye Campbell

A. Moment of Silence
A. Invocation
A. Pledge of Allegiance
3. Pledge of Allegiance

Minutes: Chairperson Belford led the Pledge of Allegiance.

A. Entertainment
A. Board Member/Superintendent Recognitions
A. Emergency Item
A. Adoption of Agenda
4. Adoption of Agenda


Motions:
Adopt the November 26, 2019 Special School Board meeting agenda and its revisions.- PASS
 
Vote Results
Motion: Matthew Susin
Second: Cheryl Mcdougall
Misty Belford- Aye
Katye Campbell- Aye
Tina Descovich- Aye
Cheryl Mcdougall- Aye
Matthew Susin- Aye


A. Administrative Staff Recommendations
B. Recognition of Visitors/Guests/Staff
C. Resolutions/Proclamations
C. Board Office/Superintendent

5. Resolution Authorizing Litigation Against Manufacturers, Distributors and Sellers of Electronic Cigarettes and Vaping Products
Attachment: Brevard Public Schools Draft Resolution re Authorizing Representation for JUUL Litigation (11-26-19) (002).pdf
Minutes: 

There was a motion on the original recommendation by Matt Susin and it was seconded by Katye Campbell.  Two members placed votes on the original recommendation.  However, discussion ensued before a final vote was taken. 

An amended motion to include "and others" was made by Katye Campbell and seconded by Mr. Susin.  By adding "and others," the District is not bound by only joining litigation brought forth by Wagstaff & Cartel, LLP and the Maher Law Firm.  The motion passed four to one.



Motions:
Adopt the resolution that The School Board of Brevard County, Florida authorizes the law firms of WAGSTAFF & CARTMELL, LLP and THE MAHER LAW FIRM, P.A.to initiate litigation and file suit against any appropriate parties to compensate the district for damages suffered by the district and its students as a result of the manufacture, marketing, sale and use of electronic-cigarettes and vaping products, and to seek any other appropriate relief.-
 
Vote Results
Motion: Matthew Susin
Second: Katye Campbell
Misty Belford-
Katye Campbell- Aye
Tina Descovich-
Cheryl Mcdougall- Aye
Matthew Susin-



Motions:
Adopt the resolution that The School Board of Brevard County, Florida authorizes the law firms of WAGSTAFF & CARTMELL, LLP, THE MAHER LAW FIRM, P.A. and others to initiate litigation and file suit against any appropriate parties to compensate the district for damages suffered by the district and its students as a result of the manufacture, marketing, sale and use of electronic-cigarettes and vaping products, and to seek any other appropriate relief.- PASS
 
Vote Results
Motion: Katye Campbell
Second: Matthew Susin
Misty Belford- Aye
Katye Campbell- Aye
Tina Descovich- Nay
Cheryl Mcdougall- Aye
Matthew Susin- Aye


D. Presentations
E. Public Comment
6. Public Comment

Minutes: There was no one present to address the Board in public comments.

F. Consent
Items Pulled for Discussion
G. Action
G. Board Office

7. Approve Selected General Counsel Candidate
Attachment: 2019-2022 Proposed Employment Agreement for Paul Gibbs CLEAN (11-25-19) (BT) (1).pdf

Motions:

Approve the appointment of Paul Gibbs to the position of General Counsel to the School Board of Brevard, effective January 6, 2020, pursuant to the terms of the attached employment agreement for Paul Gibbs. 

 

- PASS
 
Vote Results
Motion: Matthew Susin
Second: Katye Campbell
Misty Belford- Aye
Katye Campbell- Aye
Tina Descovich- Aye
Cheryl Mcdougall- Aye
Matthew Susin- Aye

8. Feasibility of Board to Bring Action Against Manufacturers/Distributors/Sellers Electronic Cigarettes and Vaping Products
Attachment: Brevard Public Schools The Maher Law Firm Wagstaff and Cartmell - Legal Services Agreement Re Electronic Cigarette Vaping Litigation rev. 11-26-19 FINAL.pdf

Motions:
Approve the attached Legal Services Agreement regarding electronic Cigarette/Vaping Litigation.- PASS
 
Vote Results
Motion: Matthew Susin
Second: Katye Campbell
Misty Belford- Aye
Katye Campbell- Aye
Tina Descovich- Nay
Cheryl Mcdougall- Aye
Matthew Susin- Aye


H. Information
I. Staff Reports
J. Additional Public Presentations (If Required)
K. Board Member Reports/Discussion Points
L. Superintendent's Report
M. Adjournment
9. Adjournment

Minutes: Chairperson Belford adjourned the meeting at: 10:29 a.m.

For further details pertaining to this meeting, please refer to the published video on the School Board of Brevard County's website (www.brevardschools.org).








Secretary

Chair