June 8, 2023 at 6:00 PM - Special Board Meeting of the Board of Education
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1. Call to Order.
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2. Roll Call.
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3. Discussion and vote to approve or not approve the engagement letter with Rosenstein, Fist & Ringold to advise the board during due process hearings of personnel.
Action(s):
No Action(s) have been added to this Agenda Item.
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4. Due process hearing for Michael Mitchell:
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4.1. The board president shall convene the hearing, state the purpose of the hearing and introduce the parties.
Discussion:
Board President, Greg Delaney, made the following statement: The reason for this meeting is to conduct a hearing on whether to reemploy or not reemploy Michael Mitchell. At this hearing, Mr. Mitchell is entitled to be represented by the council of his choice. The order of the hearing is governed by the Agenda. The Agenda provides that both the Superintendent and Mr. Mitchell are given the opportunity to make an opening statement; the Superintendent will then call his witnesses and present his evidence, with Mr. Mitchell having the opportunity for cross-examination; Mr. Mitchell will then present his evidence and call his witnesses which are subject to cross-examination; both sides will be allowed to call rebuttal witnesses; and then both sides will have time to make closing arguments to the Board. The Board will then convene in Executive Session to discuss and deliberate on the termination or not of Mr. Mitchell and will return to Open Session to vote to adopt Findings of Fact; that is, what facts the Board finds have been shown from the testimony. The Board will then vote to reemploy or not reemploy Mr. Mitchell. This hearing is to be an informal administrative hearing that will not be governed by strict rules of evidence such as would be used in a court proceeding. Thus, the Board may hear hearsay evidence that it finds to have some merit in establishing facts. The Board President will make any rulings needed regarding testimony. Only witnesses and legal council or other representatives, if any, will be addressing the Board, and thus, no statements from anyone in the audience will be heard. Witnesses are also to be sworn to tell the truth during their testimony, which oath I will administer. The oath was administered to the witnesses, Jerry McCormick, Danny Harris and Michael Mitchell. The Board President noted that Mr. Mitchell was present with counsel, Blake Sonne.
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4.2. Upon the request of either party, the president may exclude from the hearing room the witnesses not at the time under examination, except that a party to the proceeding and their representative shall not be excluded.
Discussion:
Neither party excluded any witnesses from the hearing.
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4.3. Opening statement by superintendent or his designee or representative.
Discussion:
Opening statement was given by Andy Fugitt for the administration.
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4.4. Opening statement by Mr. Mitchell or his designee or representative.
Discussion:
Opening statement was given by Blake Sonne for Michael Mitchell.
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4.5. Presentation of superintendent's evidence, followed by cross-examination of witnesses by Mr. Mitchell or his designee or representative.
Discussion:
Andy Fugitt presented the superintendent's evidence. Danny Harris testified and was cross-examined by Mr. Sonne. Jerry McCormick testified and was cross-examined by Mr. Sonne.
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4.6. Questions by board members.
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4.7. Presentation of Mr. Mitchell's evidence followed by cross-examination of witnesses by superintendent or superintendent's designee or representative.
Discussion:
Blake Sonne presented Mr. Mitchell's evidence. Mr. Mitchell testified and was cross-examined by Mr. Fugitt.
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4.8. Questions by board members.
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4.9. Presentation of rebuttal and surrebuttal evidence as necessary.
Discussion:
There was no rebuttal evidence. Administration exhibits 1-10 were admitted without objection. Mr. Mitchell's exhibits 1-11 were admitted without objection. The Administration objected to exhibit No. 12 because it was not produced until the day of the hearing. The Board President sustained the objection and exhibit No. 12 was not admitted.
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4.10. Closing argument by superintendent or his designee or representative.
Discussion:
Andy Fugitt gave the closing argument for the superintendent.
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4.11. Closing argument by Mr. Mitchell or his designee or representative.
Discussion:
Blake Sonne gave the closing argument for Michael Mitchell.
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4.12. Consideration and vote to go into executive session pursuant to Title 25 O.S. 307 (B) (1) & (7) to deliberate on the non-renewal or not of Michael Mitchell.
Action(s):
No Action(s) have been added to this Agenda Item.
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4.13. Vote to acknowledged return to open session.
Discussion:
No votes were taken in executive session.
Action(s):
No Action(s) have been added to this Agenda Item.
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4.14. Board's president's statement of executive session minutes.
Discussion:
Board President, Greg Delaney, stated: While in Executive Session, the Board discussed and deliberated on the reemployment or not of Mr. Mitchell, pursuant to Oklahoma Statutes, title 25, Section 307 (B) (1) and (7). Attorney Bo Rainey was also present. No other matters were discussed, and no votes were taken.
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4.15. Discussion and possible vote to adopt findings of fact and conclusions regarding the employment of Michael Mitchell with Anadarko Public Schools.
Action(s):
No Action(s) have been added to this Agenda Item.
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4.16. Discussion and possible vote to accept or reject the superintendent's recommendation for the non-reemployment of Michael Mitchell based upon the findings and conclusions adopted.
Discussion:
No action taken based upon action of Agenda Item No 4-15.
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4.17. Vote to direct the administration to notify Michael Mitchell of the Board's decision including the findings of fact.
Action(s):
No Action(s) have been added to this Agenda Item.
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4.18. Vote to accept any resignations tendered since the last board meeting.
Discussion:
No resignations tendered.
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5. Adjournment.
Action(s):
No Action(s) have been added to this Agenda Item.
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