PROCEEDINGS OF THE SCHOOL BOARD OF THE PARISH OF CONCORDIA, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD ON TUESDAY, DECEMBER 6, 1994.
The School Board of the Parish of Concordia, State of Louisiana, met in regular session at the Concordia Parish School Board Office, in Vidalia, Louisiana, on Tuesday, December 6, 1994, at five-thirty (5:30) o'clock p.m. The meeting was called to order by the Honorable J. W. Calhoun, President, who declared that the Board, after prayer by Rev. Jimmy Nicks and the Pledge of Allegiance to the Flag, was ready for the transaction of business.
Members present were Rev. Johnnie Brown, the Honorable J. W. Calhoun, Mrs. Marie Cowan, Mr. Jerry King, Mrs. Polly Miley, Mr. Charles Partridge, Mr. Walter Stampley and Mrs. Georgia Washington.
Members absent: Mr. Manson Nelson
Mr. King stated that he had requested an agenda item and asked why it was not on the agenda. Superintendent Lee informed the Board that the item had been resolved. There was a discussion about Board policy regarding administrative procedures such as scheduling of students and teachers.
Mr. Nelson arrived at 5:35.
Mrs. Gloria Dangerfield, Assistant Director of Business Affairs, presented invoices in the amount of $1,572,221.51. It was moved by Mr. Partridge, seconded by Mrs. Cowan and Mr. Nelson and carried to approve the invoices.
It was moved by Mr. Partridge, seconded by Mr. Nelson and carried to approve minutes of November 1 and November 15, 1994.
Mr. Tom O'Neal presented the Financial Report for November and answered questions.
It was moved by Mrs. Miley, seconded by Mrs. Washington and carried to approve the Single Parent/Single Pregnant Women Program at Ferriday High School. The program had been discussed at the November 15 Committee Meeting.
Superintendent Lee recommended that the Board approve the second reading of the Employee Drug Abuse and Testing Policy GBRAB. It was moved by Mrs. Cowan, seconded by Mrs. Washington and Mrs. Miley and carried 8-1, with Mr. Partridge voting no, to approve the policy as follows:
EMPLOYEE DRUG ABUSE AND TESTING
The Concordia Parish School Board, as a result of its responsibilities to its employees and to the public it serves, has a compelling obligation to eliminate illegal drug and alcohol use from its workplace. The School Board recognizes the increased risks and dangers when employees use drugs in the workplace. In an effort to provide a safe, healthful, and productive work environment, The School Board will act to establish a drug and alcohol policy for all drivers of a parish owned vehicle which requires a Commercial Drivers License to operate. This policy will cover contract vehicles, whether part time or full time. This policy will establish the administrative scope, personnel procedures, employee training, drug testing guidelines, and employee assistance related to achieving a drug free workplace. It is the intent of this policy to comply with current Federal and State statutes, and U.S. Department of Transportation regulations concerning drugs in the workplace and drug testing of employees.
APPLICATION
This policy shall apply to all present and future full or part time drivers, driver applicants, contract drivers, volunteers, and auxiliary personnel employed by or representing the School Board when driving a School Board vehicle or while driving on School Board business. The School Board requires compliance with this policy as a condition of employment , continued employment, and continuation of contractual agreements with the School Board in the capacity of a driver. This policy shall apply to all owned, leased, or used, automobiles, trucks, vehicles, equipment, or other transportation, which requires a Commercial License to operate. The term employee in this policy shall refer to anyone who drives a vehicle (requiring a CDL for operation) owned or contracted by the Concordia Parish School Board.
PROHIBITIONS
This is to notify all driver applicants, School Board drivers, and visitors that the unlawful use, abuse, confirmed presence in the body, possessions, manufacture, distribution, dispensation, transfer, storage, concealment, or sale of legal and illegal drugs, controlled substances, alcoholic beverages, weapons, stolen property, or drug related paraphernalia is strictly prohibited during the course and scope of School Board business and/or while on or using School Board property.
More specifically prohibited substances include:
Illegal Drugs such as, but not limited to, cannabinoids (marijuana, pot, dope, hashish), cocaine (coke, rock, crack, or base), LSD (acid), PCP (angel dust), MDMA (ecstasy), opiates (heroine, smack, black stuff, black tar, opium, morphine), and any other illegal or unlawfully obtained drug.
Designer and Synthetic Drugs such as, but not limited to, ice, ice cube, crack, china white, synthetic heroine, MDA, Adam, Eve, Love Drug, and any other drugs that are made by altering the molecular structure of both legal and illegal drugs to create a drug not expressly banned by Federal law.
Unauthorized or Prohibited Drugs such as, but not limited to, nonprescription stimulants, amphetamines, tranquilizers, barbiturates. or any other tablets, capsules, powders, liquids, or inhalants containing substances which are regulated by state or federal law or which are intended to mimic such controlled substances. The term unauthorized includes prescription drugs not legally obtained or not being used for prescribed purposes. The term unauthorized also includes any abnormal or dangerous substance which may affect or alter a person's perception, performance, reflexes, reaction time, motor skills, mood, or judgement while working.
Prescription and Over the Counter Medications including legally obtained controlled substances. Abuse of a prescribed controlled substance or use of a prescribed controlled substance not prescribed for this employee or employment applicant is prohibited. Employees and others covered by this policy may maintain prescription drugs and over the counter medications on School Board premises provided:
1. The prescription drugs are prescribed by an authorized medical practitioner for use by the person in possession within the past twelve (12) months and the medication is in its original container. If the medical practitioner is authorizing use of the prescription for a period longer than twelve (12) months, then a letter from the practitioner is to be placed on file with the School Board Substance Abuse Program Coordinator.
2. Employees are to take the prescription in the manner prescribed by the prescribing practitioner. The employee must not allow any other person to consume the prescribed drug.
3. Over the counter medications are to be kept in their original container.
4. Any employee who has been informed that medication could cause adverse side effects while working or where medication indicates such warning, must inform their supervisor prior to using such substances on the job. The School Board at all times reserves the right to have a licensed physician determine if use of a prescription drug or medication impairs the employee or in any way makes it unsafe for him to perform the duties of his job. In the event of such a finding, The School Board may, with permission, check with the employee's physician to see if alternative medications are available which would not affect the employee's ability to work safely. The employee may use sick days in the event this situation originates.
Drug Related Paraphernalia is any unauthorized material, equipment, or item used or designed for use in the ingesting, injecting, inhaling manufacturing, testing,
storing, or packaging of a prohibited substance.
ENFORCEMENT
In order to accomplish the objectives of this policy, the School Board reserves the right, at all times and in any work area, when circumstances warrant or reasonable cause exists, to conduct reasonable searches and inspections of School Board facilities. These searches will be conducted by authorized supervisors or search personnel, including drug detection dogs. The areas open to search include but are not limited to, urine drug tests, blood alcohol tests, breathalizer tests, or other medical examinations to determine the use of any substance prohibited by this policy or to determine satisfactory fitness for duty. The tests may be announced or unannounced and may be utilized under the following circumstances:
Pre-employment testing shall be required of any qualified applicant or candidate as a condition of consideration of employment. Testing may also be required prior to being approved to work at certain facilities, work areas or as required by law or contract.
Any post-accident occurrence on the job which requires the evaluation of a physician, or following a serious accident or near miss incident in which safety precautions were violated, or School Board property was damaged, may require drug testing of the involved individuals. Drug testing will be performed in accordance with pertinent regulations.
Reasonable Suspicion testing will be conducted when a supervisor has observed signs of possible intoxication or signs of using or being under the influence of prohibited substance, drugs or employee's physical condition or behavior leads the supervisor to have concern for the employee's safety or the safety and well-being of other employees or the public. All supervisory personnel will take part in a School Board sponsored training program to assist them in identifying and addressing illegal drug or alcohol use by the employees or others while working. All drivers will undergo a substance and policy education program.
Random testing will be used for all employees to detect and to prevent substance abuse. This type of testing is particularly warranted for employees directly involved with public safety or in security sensitive positions. All employees who drive vehicles owned or contracted by the School Board, whether part time or full time, are eligible to be tested.
Post counseling, post rehabilitation or return to work medical examinations may include drug tests if the employee is returning to work after a long illness, disabling injury, or after a completion of a drug and alcohol treatment program.
Government required testing may be utilized by the School Board where mandated by the Department of Transportation, Federal Highway Administration, or other agencies. The regulations apply to all drivers of commercial vehicles involved in interstate commerce.
Additional testing and changes in these testing guidelines may be required because of obligations to meet changes in federal and state drug laws or to meet contractual agreements.
Collecting and testing procedures shall conform to all applicable state federal guidelines and those as prescribed by the Department of Transportation. All searches, inspections, collections, and maintenance of test records shall be performed with due regard to the individual's privacy. The results of any tests will be considered confidential and the information will only be shared with those having a direct need to know and as may be required to support civil or criminal investigations.
Public Law 102-143 Title V, Omnibus Transportation Employees Testing Act requires that the School Board comply with certain guidelines in order to limit substance abuse in the work place. The Law requires the School Board to provide training and continuing education on drug abuse related issues. The School Board shall also provide its employees with a list of resources where the employee may go for drug abuse counseling and rehabilitation. The Law also requires that the
NOTICE OF DISCIPLINARY ACTION FOR POLICY VIOLATIONS
Failure to comply with the provisions of this policy shall be grounds for disciplinary action including but not limited to written reprimands, changes in job assignments, suspensions from work and discharge.
An employee shall be subject to immediate discharge if the employee refuses to cooperate with any of the enforcement provisions of the policy or is believed to have tampered or purposely tried to alter the outcome of drug and alcohol tests. Additionally, the employee may be discharged if found using, manufacturing, selling, or distributing drugs or alcohol while on School Board premises. Any employee arrested for a drug related offense has five (5) working days from the day of the arrest to notify the School Board. Should an employee at any time be convicted of a drug related offense, they will be terminated immediately.
Any employee having an initial confirmed positive test result for drugs or alcohol, who is not involved in a civil or criminal violation of the law, shall be terminated. No disciplinary action will be taken against an employee who voluntarily enters treatment for a substance abuse problem if that employee does so before receiving a confirmed positive result on a drug test and said employee pays for treatment and follow-up test required during the next five (5) years. If the employee voluntarily enters treatment a second time he/she will be terminated from his\her position.
It was moved by Mr. Stampley, seconded by Mrs. Washington and carried to advertise for computer hardware and software for the Chapter 1 computer lab at FUE.
Mr. Clarence Hymon, Coordinator of Drug Free Schools and Communities Program, requested that two members be added to the DFSCA Advisory Committee. It was moved by Mr. Partridge, seconded by Mrs. Cowan and carried to add Donna Smith, school nurse, and Linda Woods, assessment teacher, to the committee.
On a motion by Mr. Partridge and second by Mrs. Cowan, it was carried to approve the following resolution:
BE IT RESOLVED, that the Board of Education of the Concordia Parish School System hereby authorize James E. Lee, Superintendent, and his successors in the office to negotiate, on terms and conditions that he may deem advisable, a contract or contracts with the Louisiana Department of Health and Hospitals, and to execute said documents on behalf of the organization, and further we do hereby give him the power and authority to do all the things necessary to implement, maintain, amend or renew said documents.
Superintendent Lee informed the Board that the Concordia Parish Professional Personnel Evaluation Manual must be revised to meet mandates of Act 1 of the 1994 Legislative Session, which require that observations occur at a time and place established in advance. He recommended that a first reading be approved for the revisions in Section 6.4A.3 and Section 6.4B.1 of the Evaluation Manual. It was moved by Mrs. Miley, seconded by Mr. Stampley and carried 8-1, with Mr. Partridge voting no, to approve the first reading of the revisions.
It was moved by Mrs. Miley, seconded by Mrs. Cowan and carried 7-2, with Mr. King and Mr. Partridge voting no, to move into Executive Session at 6:00 p.m. to discuss two items regarding personnel.
It was moved by Mrs. Cowan, seconded by Mrs. Washington and carried to return to Open Session at 6:20 p.m. Superintendent Lee reported that the Board had discussed a question of nepotism, which required no Board action, and a personnel matter which does require action. On a motion by Mrs. Miley and second by Mrs. Washington, it was carried unanimously to approve, confirm and sustain the recommendation and action of James Lee, Superintendent, in suspending Jo Ann Kornegay and Linda McCann without pay for a period of 6 days for good cause shown.
It was moved by Mrs. Cowan, seconded by Mrs. Miley and carried to approve maternity leave for Michelle D. Bethea, Teacher, FJH, effective 1/3/95 - 2/10/95.
It was moved by Mrs. Miley, seconded by Mr. Nelson and carried to approve the following appointments:
Patricia Washington, Project Director, ETAP, effective 11/10/94-5/26/95
Kelly Reed, Teacher (parttime), FHS, effective 11/10/94-5/26/95
Superintendent Lee recognized outgoing Board members for their accomplishments and presented each a plaque showing their years of service. The following members were recognized and given an opportunity to make comments:
Rev. Johnnie Brown 1987-1994
Mr. J. W. Calhoun 1966-1994
Mrs. Polly Miley 1991-1994
Mr. Walter Stampley 1981-1994
Superintendent Lee announced that the January 3, 1995, meeting would be Family Night at the Board, and encouraged members to invite their families to be present.
It was moved by Mr. Stampley, seconded by Rev. Brown and carried to adjourn at 6:35 p.m.
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James E. Lee, Superintendent Manson E. Nelson, Sr., President