The Calcasieu Parish School Board met in the Conference Room of the Calcasieu Parish School Board located at 1732 Kirkman Street, Lake Charles, Louisiana, for a Special Called Meeting on Monday, November 20, 2000, at 5:00 p.m. The meeting was called to order by Wilridge P. Doucet, President. The prayer was led by James W. Karr, Sr.; Wilridge Doucet led the Pledge of Allegiance.

The purpose of the meeting was for the election of a Board Member to fill the District 6 vacancy created by G. Michael Canaday’s resignation.

The roll was called and the following members were present:

Joe A. Andrepont, Randall C. Armentor, Ricky Blackwell, Wilridge P. Doucet, Clara F. Duhon, Jay L. Duhon, Carla C. Duplechin, John M. Falgout, L. J. "Berk" Fontenot, James W. Karr, Sr., Sheral A. LaVergne, James W. Pitre, and Elray T. Victorian. Gregory P. Robert was absent.

James Spruel, Legal Counsel, presented a review of events that had taken place since the oral resignation of G. Michael Canaday, former Board Member, District 6.

He stated that R.S. 18:602, gives authority for the Board to fill a vacancy once it occurred. The statute indicates that within ten days of the vacancy, the remaining members of the School Board shall fill the vacancy, call the election and publish the proclamation in the Official Journal of the School Board. The issue relates to the interpretation of R.S. 18:602. He then referred the Board to a letter received from the Office of the Secretary of State dated November 16, 2000, stating that "the governing authority shall appoint a person who meets the qualifications to fill the vacancy and call the special election to fill the unexpired term (on or before November 27, 2000)." After the appointment is made, a certified document of the minutes of the meeting is to be forwarded to the Secretary of State as well as the Proclamation calling the special election.

Mr. Spruel said that on reliance of the letter dated November 16, 2000, the Board President called the Special Meeting of the Board to fill the vacancy in District 6. He further stated that late the afternoon of November 20, 2000, Jude W. Theriot, Superintendent, received a call from Marietta Norton, General Counsel for the Secretary of State. She indicated that going forward with the meeting and filling the vacancy would be untimely based on a revised legal opinion. She stated that the letter issued November 16, 2000 was issued in error. Ms. Norton indicated that the ten-day period for making the appointment had expired ; Mr. Spruel said that he assumed that if the Board at this time did not have the jurisdiction to make the appointment, the Governor was the only one who had the power and jurisdiction to make the appointment. Mr. Spruel stated that he asked for documentation, in writing, to support Ms. Norton’s statements. He said he did receive a letter faxed from W. Fox McKeithen, Secretary of State, stating the following: "Upon further research, G. Michael "Mike" Canaday’s holding the office of District Judge, 14^th Judicial District, Election Section 2, Division G and Member of School Board, District 6, Parish of Calcasieu would violate the provisions of LSA-R.S. 42:63. The Secretary of State’s Office has always treated a subsequent commission and execution of oath of office for a newly elected position as creating a vacancy in the previously held office. Accordingly, the vacancy for Member of School Board, District 6, Parish of Calcasieu was effective on November 1, 2000."

Mr. Spruel informed the Board that the letter did not indicate that a meeting could not be called or a vote could not be taken. He said that if the Board did not vote, the Governor would make the appointment. If the Board voted and made a selection, the Governor made an appointment and his appointment differed from that of the Board, then the Board or any qualified elector of Calcasieu Parish could challenge the decision and the courts would then make the decision.

Mr. Blackwell expressed concerns that all members of the Board were not present and a true picture of what the Board initially voted on could not be achieved.

Mr. Spruel stated that the Board did indeed have a vote on record that resulted in a 7-7 deadlock after three rounds of voting. He said that nothing was done illegally but in his opinion, what was done was premature.

After further discussion, Mr. Blackwell made a motion that a vote not be taken at this time and that the vote taken on October 17, 2000, be acknowledged.

Mr. Spruel said that staying with the vote would be in essence voting for the absent Board Member. He stated that to have an additional record acknowledging the 7-7 vote, there would have to be a vote by the Board saying the vote was acknowledged. Mr. Spruel said that if a Board Member were not present at a public meeting they could not vote. He stated again that the Board Member had to be present and there could be no voting by proxy.

Mr. Blackwell restated his motion to read, that a vote not be taken at this time. Motion failed for lack of a second.

Several scenarios were discussed at length. Mr. Falgout then made a motion that a vote be taken to fill the vacancy in District 6; Mr. Victorian seconded the motion.

Motion was voted on and carried by majority vote. Mr. Blackwell and Mr. Pitre voted nay.

Mr. Spruel announced that the same voting procedure would be used as was used on October 17, 2000. He stated that two applicants, Richard Hinton and John Edward Broussard, had withdrawn their names. The following applicants were to be voted on: Anthony Biagas, Cindy Canaday, Mark Fontenot, Bob Graham, Antoine Rogers, Philip Tarver and Jerry Thompson.

Voting ensued with the following results:

Round I: Biagas – 7; Canaday – 6; Fontenot – 4; Graham – 5; Rogers – 6; Tarver – 9; Thompson – 5. Mark Fontenot was eliminated with 4 votes.

Round 2: Biagas – 7; Canaday – 6; Graham – 1; Rogers – 7; Tarver – 9; Thompson – 1. Mr. Graham and Mr. Thompson were eliminated with one vote each.

Round 3: Biagas – 7; Canaday – 6; Rogers – 3; Tarver – 8. Mr. Rogers was eliminated with three votes.

Round 4: Biagas – 6; Canaday – 6; Tarver – 8. Mr. Biagas and Mrs. Canaday were eliminated with 6 votes each.

Mr. Tarver was elected to fill the District 6, Calcasieu Parish School Board vacancy.

On motion by Mr. Andrepont, seconded by Mr. Victorian and unanimously carried, the Proclamation to fill the District 6, Calcasieu Parish School Board seat and call the special election, was approved; Philip Tarver was appointed as District 6, Board Member.