RESOLUTION

            BE IT RESOLVED, that the following millage(s) are hereby levied on the 2002 tax roll on all property subject to taxation by the Calcasieu Parish School Board.

                                                      General Fund (Parishwide)

Constitutional Tax (Maximum Authorized - 5.82 Mills)                                                           5.82 Mills

Special School Maintenance & Operations Taxes -

      MT #1 (Maximum Authorized - 9.95 Mills)                                                              13.74 Mills

      MT #2 (Maximum Authorized - 3.79 Mills)                                                 

                                                            Bond Sinking Funds

School District No. 21                                                                                                          16.2  Mills

School District No. 22                                                                                                                      13.5  Mills

School District No. 23                                                                                                          12.6  Mills

School District No. 24                                                                                                          20.0  Mills

School District No. 25                                                                                                          55.5  Mills

School District No. 26                                                                                                          56.0  Mills

School District No. 27                                                                                                               0  Mills

School District No. 28                                                                                                          25.0  Mills

School District No. 30                                                                                                          35.7  Mills

School District No. 31                                                                                                          39.5  Mills

School District No. 33                                                                                                          10.0  Mills

School District No. 34                                                                                                            6.9  Mills     

School District No. 34 (Stadium)                                                                                         1.3 Mills

Renewable Taxes

School District No. 28                                                                                                          10.0 Mills

            BE IT FURTHER RESOLVED that the proper administrative officials of the Parish of Calcasieu, State of Louisiana, be and they are hereby empowered, authorized, and directed to spread said taxes, as hereinabove set forth, upon the assessment roll of said Parish for the year 2002, and to make the collection of taxes imposed for and on behalf of the District, according to law, and that the tax herein levied shall become a permanent lien and privilege on all the property subject to taxation as herein set forth, and the collection thereof shall be enforceable in the manner provided by law.

            BE IT FURTHER RESOLVED that the foregoing resolution was read in full, the roll as called on the adoption thereof, and the resolution was adopted by the following votes:

YEAS:    Joe A. Andrepont, Ricky Blackwell, Wilridge P. Doucet, Jay L. Duhon, L.J. “Berk” Fontenot, James W. Karr, Sr., Sheral A. LaVergne, James W. Pitre, Gregory P. Robert, Philip Tarver

            NAYS:   None

            ABSTAINED:  None

CERTIFICATE

            I hereby certify that the foregoing is a true and exact copy of a resolution adopted at a regular board meeting held on October 30, 2002, at which time a quorum was present and voting.

            Lake Charles, Louisiana, this 30th day of October 2002.

                                                 /s/Jude W. Theriot                                     

                                                Jude W. Theriot, Secretary

                                                Calcasieu Parish School Board

Bid Report for Computer Hardware for Data Processing Department, General Funds, Bid Number 2003-26

The following bids were received:

Vendor Name                                                 Bid Price                                            

Brock Computer Applications, Inc.                   $ 71,834.64

Houston, TX

TSA                                                                 $ 81,125.98

Kenner, LA

Sungard Pentamation, Inc.,                               $100,795.70

Bethlehem, PA

On motion by Mr. Robert, seconded by Mr. Duhon and carried, the low bid meeting specifications by Brock Computer Application, Inc., in the amount of $71,834.64 was approved for the purchase of data processing data hardware.

Discussion and Action Regarding the Suspension of the IBEW Resolution for Thirty (30) Days

It was the opinion of several Board members that immediate compliance with the IBEW Resolution, as stipulated, would delay the bid process for numerous projects and future contracts.  It was noted that the school system should continue to move forward and avoid being subjected to possible legal ramifications.

Mr. Doucet made a motion, seconded by Mr. Fontenot, to rescind the IBEW Resolution.

Mr. Armentor entered the meeting.  Ms. LaVergne turned the gavel over to Mr. Armentor, Vice President, who will preside over the meeting.

There was concern expressed regarding the difference in policy and a resolution. 

Mr. Spruel, legal counsel, addressed the Board to report that the Resolution is a motion and, when it is an extensive motion, it is preferably presented in writing.  The IBEW Resolution/motion called for the Board to change the procedure of the general operation, so this Resolution is considered policy.

Mr. Spruel discussed two Attorney General Opinions that speak specifically to the topic of pre-qualification, which was an issue that was identified during the process of adopting the Resolution.  The Opinions indicate that it is illegal and contrary to the Public Bid Law to engage in certain types of pre-qualification.  A specific exception was outlined in the Opinions that the Public Bid Law does allow certain pre-qualifications basically for historic districts, but is not applicable in this case. 

It was noted by several Board members that, according to procedures that have been followed in the past, this Resolution should have been presented for review in the form of a Board policy.  There was discussion on deferment and why matters of this nature should be addressed on a committee level prior to Board action.

Mr. Armentor recognized the following:

C. Gayle Zembower, Architect, stated he was in favor of rescinding the Resolution because the projects would be delayed and possibly resulting in a penalty.  The budget for the projects would be affected and the prime construction months would be interrupted.  

Rodney R. Duhon, Sr., IBEW Apprenticeship Program Director, spoke against rescinding the Resolution and stating that there would be no impact on or any delay of projects.  He stated the resolution was about education and the fact that there is a shortage of qualified electricians.  He added this was not a union, non-union issue.

Scott Hines, representing Associated General Contractors, spoke in favor of rescinding the Resolution basically due to the violation of the Public Bid Law and it forces pre-qualification.  He stated the AGC would legally challenge all parties who violate the Public Bid Law.

It was the consensus of the Board that the intent of the Resolution was not to restrict or eliminate jobs from the electricians.  They indicated that they support a free and competitive work place.

Harlan Duhon, IBEW representative, stated that the Resolution was not intended to hurt the school system.  The intent is to educate the labor force and produce qualified, certified electricians.  He stated that the IBEW was in favor of the possibility of postponement of the Resolution, but opposed rescinding the Resolution.

Next, Mr. Keith Ryder, owner of Custom Lighting and Electric Company, stated he was present to protect the interest of small business owners.  He stated that many companies/contractors don’t have the financial resources to enroll in the “National Joint Apprenticeship and Training Committee Program,” which is endorsed by the IBEW. He stated that electricians who work jobs for the Calcasieu Parish School Board are certified.  He added that the parish and city authorities inspect all jobs.  It was noted that electricians are trained through various methods.

Chris Price, legal counsel for the Louisiana Associated General Contractors, spoke in favor of rescinding the Resolution.  He stated this issue is not a union, non-union issue, but rather an issue of pre-qualification.  He noted pre-qualification is illegal.

Ralph Lewing, owner of the Lewing Construction Company, spoke in favor of rescinding the Resolution.  He stated he supports free enterprise and this Resolution would restrict competition.

Scott Montgomery, owner of Montgomery Electric Company, stated that he supports education and testing, but is against the stipulation of restriction to one specific school of training.

It was the general consensus of the Board that the school system has been placed in the middle of an issue that should not have occurred.

Mr. Armentor asked for a vote on the motion to rescind the IBEW Resolution.

The vote carried.

Personnel/Permission to Advertise

On motion by Mr. Doucet, seconded by Mr. Andrepont and unanimously carried, permission to advertise for the position of Supervisor of Gifted and Talented in the Special Education Department was approved.

Meeting Adjourned

On motion by Mr. Andrepont, seconded by Mr. Duhon and unanimously carried, the meeting was adjourned at 6:35 p.m.

/s/ Jude W. Theriot                                                                               /s/ Randall Arementor                          

Jude W. Theriot, Secretary                                                       Randall Armentor, Vice President