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Monday, June 11, 2012

Becki Couch responds to parent, reveals how impotent the board has become

The board reveals how powerless they think they are. Can we get a leader on the board please? -cpg

Dear Ms. Lewis,

I have received your emails regarding the appointment of Ms. Byrd to the Chief of Schools position and I have asked our General Counsel to assist me in responding. Please review her response below.

The specific statute subsection 1012.22(1)(a)2., Florida Statutes, and this statute has been interpreted by numerous Florida court decisions. Please note I’ve copied the entire statute below. Generally, the court decisions say that by statute, the school board is the policy-making body for the school district, and that the superintendent is the chief executive officer of the School Board and the chief administrator within the school district. Under these statutes, it has been held that with regard to employment of school district personnel, it is the superintendent’s duty to select and nominate personnel, while it is the school board’s duty to appoint and contract with employees nominated by the superintendent, unless upon a finding of good cause, the board chooses to reject such nomination.

The term “good cause” is not defined in the statute, but has been interpreted by court decisions. Court decisions have not limited “good cause” to those reasons set forth in statutes to dismiss or discipline an employee, and instead have permitted the board to review the nominee’s professional qualifications for the position so nominated. This analysis would include a review of the May 1, 2012 agenda item (creating the position and establishing the minimum qualifications) compared to the nominee’s resume to determine whether or not the nominee meets the minimum criteria - and if not then good cause exists. If the nominee does meet the minimum qualifications set forth in the position previously approved by the board, then finding good cause to reject the nomination could be difficult. Please note that if good cause exists, then it should be noted as part of the record for the reason to not accept the Superintendent’s nomination (in other words, so stated to support the Board’s vote against the recommendation set forth in the agenda item).

I did not vote for the position to be created but it passed 6-1, therefore minimum qualifications were created. I pulled the minimum qualifications from HR and Ms. Byrd meets are of them. In other words, the only time the board can override the appointment of the Superintendent is when the candidate does not meet the minimum qualifications.

Becki Couch

1 comment:

  1. Whatever happened to Highly Qualified? Now we are looking for Minimally Qualified? That explains a lot.