Filing 22144774 E-Filed 01/05/2015 10:49:48 AM IN THE CIRCUIT COURT OF THE TWENTIETH DICIAL IN AND FOR COLLIER COUNTY, FLORIDA CIVILDIVISION - STEVEN J. BRACCI, Case No. Plaintiff, THE SCHOOL BOARD OF COLLIER COUNTY, Defendant. MOTION TO AMEND COMPLAINT (TO ALLOW SECOND AMENDED VERIFIED CONIPLAINT) Plaintiff, STEVEN I. BRACCI (?Plaintiff? or "Bracci"), by and through his undersigned counsel, hereby moves that this Court allow Bracci to amend his complaint in this action against THE SCHOOL BOARD OF COLLIER COUNTY (?School Board" or "board"), and in support states: 1. Bracci previously ?led a Veri?ed Complaint, and shortly thereafter ?led a First Amended Veri?ed Complaint without leave of court, as allowed pursuant to Fla. R. Civ. P. Bracci's complaint alleges violations of Section 286.0114, Florida Statutes, pertaining to the public's right to be heard on propositions resulting in o?icial actions at public meetings. 2. The Schooi Board has not yet answered the First Amended Complaint. 3. Fla. R. Civ. P. 1.190(d) contemplates that "the court may permit party, upon reasonable notice and upon such terms as are just, to serve a supplemental plead'mg setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented." I 4. Bracci seeks leave to amend his Complaint to add in events that occurred during the December 9, 2014, School lBoard meeting that immediately followed the November 18, 2014, meeting that is the subject of this action. The new events also allegedly constitute violations of Section 286.0114, Filed with Collier County Clerk of Courts Florida Statutes, due to the School Boards alleged denial of the public's reasonable opportunity to be- heard on propositions, before of?cial action is taken. 5. Bracci's proposed amendment also makes some other revisions to the allegations and prayers for relief. 6. Bracci?s proposed Second Amended Veri?ed Complaint is attached hereto. 5. Due to the sameness in parties, causes of action and time frames, it is proper that this Court allow Bracci to amend his complaint, recognizing that "leave of court shall be freely given when justice so requires." Fla. R. Civ. P. 6. Defendant is not unduly prejudiced by this motion, as it has not yet answered any Complaint. WHEREFORE, Bracci respectfully requests that this Court grant the Motion to Amend Complaint and order that the attached Second Amended Veri?ed Complaint shall stand as and for Bracci's complaint in this action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on January 5, 2014, a true and correct copy of the above and foregoing has been E-?led and served by e-mail upon: Collier County School Board Attn: on Fishbane, District General CounseUSchool Board Attorney 5775 Osceola Trail Naples, Florida 34109 ?shbj@collierschools.com Steven J. Bracci, Esq. Steven J. Bracci, PA Florida Bar No. 157562 Attomeyfor Plaintt? 9015 Strada Stell Court, Suite 102 Naples, Florida 34109 Ph: (239) 596-2635 Fax: (239) 431-6045 Email: steve@braccilaw.com, michelle?lbraccilaweorn IN THE CIRCUIT COURT OF THE TVVENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION STEVEN J. BRAC CI, Case No. Plaintiff, .43. THE SCHOOL BOARD OF COLLIER COUNTY, Defendant. SECOND ANIENDED VERIFIED COMPLAINT Plaintiff, STEVEN I. BRACCI (?Plaintiff or "Bracci"), by and through his undersigned counsel, sues THE SCHOOL BOARD OF COLLIER COUNTY (?School Board" or "board"), and states: JURISDICTION AND VENUE 1. This is an action for declaratory, injunctive and supplemental relief, including supplementary injunctive relief, under Sections 86.011 and 286.0114, Florida Statutes. 2. Venue is proper because the Defendant resides in Collier County, and because the actions which gave rise to this Complaint occurred in Collier County. PARTIES 3. Plaintiff, Steven J. Braeei, is a Collier County resident and a citizen of the state of Florida. 4. Defendant, The School Board of Collier County, is the governing body _of the Collier County School District and is constituted a body corporate. GENERAL ALLEGATION Allegations Pertaining to November 18. 2014 School Board Meeting 5 . I On November 18, 2014, the School Board held an organizational meeting. 6. Prior to the meeting, the school Board posted an agenda (attached hereto and incorporated herein as Exhibit A). 7. The agenda had 13 numbered items, some of which were ministerial (Call to Order, Pledge of Allegiance, etc), others of which were substantive (Election of Of?cers, Meeting and Times). 8. At the start of the meeting, District General Counsel on Fishbane (?Fishbane?) announced that due to the Florida Legislature?s passage of a new statute in 2013, there would be public comment at the organizational meeting. Fishbane was referring to Section 286.0114, Florida Statutes, titled ?Public meetings; reasonable opportunity to be heard; attorney fees.? 9. Section 286.01 14(2), provides, in pertinent part, that: Members of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission. The opportunity to be heard need not occur at the same meeting at which the board or commission takes of?cial action on the proposition if the opportunity occurs at a meeting that is during the decisionmaking process and is within reasonable proximity in time before the meeting at which the board or commission takes the of?cial action. 10. Fishbane armounced, however, that there would only be public comment on ?Item ?Meetings; Times.?_ 11. ishbane gave no explanation why there would be no public on ?Item Election of Officers,? despite that this item contemplated the nomination of a board chair (a "proposition"), followed by the actual election of the board chair (an "of?cial action"). 12. In fact, Section 1001.371, Florida Statutes, speci?cally provides that "In November of each year, the district school board shall organize by electing a chair." 13. The published agenda also states: ?The public comment on any agenda item.? 14. Nevertheless, the School Board proceeded with "Item Election of Officers," and one board member made a proposition to elect board member Kathleen Curatolo ("Curatolo") as chair. 15. Without allowing any public comment, the board then proceeded to take the official act of electing Curatolo as Board chair, pursuant to Section 1001.371, Florida Statutes. 2 16. Bracci attended the meeting speci?cally intending to make public comment on the of?cial act of electing a board chair. 17. Bracci intended to ask that the board members ?rst make inquiry about any nominee?s position on the public's right to comment at meetings, including the nominee?s interpretation and intended application of School Board Policy 0169.1, as to the power of the board's presiding of?cer to "interrupt, warn or terminate a participant's statement" that is "personally directed." 18. Speci?cally, Policy 0169.1 provides, in pertinent part: The presiding of?cer of each Board meeting at which public participation is permitted shall administer the rules of the Board for its conduct. The presiding of?cer shall be guided by the following rules: G. The presiding of?cer may: 1. interrupt, warn, or terminate a. participant's statement when that statement is . . personally A copy of School Board Policy 0169.1 is attached hereto as Exhibit B. 19. Because the power to cut off public comment under Policy 0169.] rests With the board chair as presiding of?cer, the proposition of electing a new board chair is a matter of public concern. 20. The reason Bracci was concerned about this issue was that during the ?public comment? portion of the School Board Meeting on September 9, 2014, board member Curatolo interrupted and warned Bracci that his comments were improperly ?personally directed? when he was attempting to demonstrate a potential con?ict of interest resulting from District General Counsel Fishbane's simultaneous representation of both Superintendent Kamela Patton (?Patton?) and the board in its entirety, on the topic of amendments to Patton?s employment contract. 21. At the September 9, 2014, meeting, Curatolo was not even the board chair and therefore did not have the authority to cut off public comment under Policy 01169.1; but that did not step her from attempting to wield the power of the chair to accuse Bracci of making ?personally directed? comments. 22. At that September meeting, Fishbane stated that he "concurred" with Curatolo?s interpretation of "personally directed" Speech under Policy 0169.1. 23. Curatolo and Fishbane also made a similar limitation on "personally directed" speech at a school board meeting on October 16, 2013, pertaining to public comments addressing a potential con?ict of interest involving staff member Marilyn Rowles. 24. During the November organizational board meeting, Bracci filled out a public speaker card, notng that he wished to make ?public comment." Bracci filled out the card this way because ishbane had already announced that the only public comment would be during Item ?Meetings; Times.? So as a practical matter Bracci would have no other time to make his comment. By Fishbane's initial announcement, he made it very clear to all present that there would be no public comment on Item "Election of Officers." Had Fishbane allowed public comment on Item Bracci would have timely ?lled out his card as such so that he could speak on that item 25. Fishbane entirely ignored Bracci?s public speaker card, and did not call on Bracci to approach the podium for his public comment. 26. Bracci nevertheless proceeded to approach the podium so that he may be heard along with the other public speakers, and attempted to inform the Board of its violation Florida Statute 286.0114, in failing to allow the public to be heard on the proposition of electing a new board chair, and to make his comment about "personally directed" speech. 27. Superintendent Patton and Fishbane repeatedly interrupted and cut off Bracci's comments, whereupon Bracci informed them that he would alternatively need to file suit in court. 28. Rather than addressing Bracc-i?s concern on the merits of the law, Fishbane, stated: "you don't frighten me, Mr. Bracci." 29. Bracci has been ured by the election of board chair Curatolo without ?rst being allowed a reasonable opportunity to address the board publicly on the proposition. He continues to be injured by the lack of public comment on this issue, during which this issue could be addressed by Bracci, the public, and the other board members. 30. No facts exist that would make applicable the ?exceptions? listed in Section 28601148), Florida Statutes, as applied to Agenda Item #5 ?Election of Officers,? since that ?proposition? and ?of?cial action? is neither an ?emergency situation,? a ?ministerial act,? an ?exemp act, nor a ?quasi- judicial proceeding.? 31. No facts exist that would make applicable the ?subject to? provisions of Section Florida Statutes, as applied to Agenda Item #5 ?Election of Of?cers,? since the outright prohibition against public speech did not entail ?guidelines? about time limitations, ?procedures for allowing representatives of groups? to speak, ?procedures or forms? to use to inform the board of a desire to be heard, or ?designat[ing] a specified period of time for public comment.? Allegations Pertaining to December 9., 2014, School Board Meeting 32. On December 9, 2014, the School Board held a regular meeting. 33. Prior to the meeting, the School Board posted an agenda (attached hereto and incorporated herein as Exhibit 34. The agenda contained a "Consent" agenda section, which listed 16 numbered items (Items #9 through The agenda also contained an Item #25 titled "Approval of the Consent Agenda." 35 .- School Board Policy provides, in pertinent part, that "[p]ublic participation shall be permitted as indicated on the order of business and before the Board takes of?cial position on any action item under consideration." 36. Bracci desired to address the Board prior to its taking any official action on Item #25 titled "Approval of the Consent Agenda, and the incorporated item 15 titled "Budget Amendments." 37. At the beginning of the business portion of the meeting, Bracci filled out and turned in a speaker card to speak on Item #25, and its incorporated Item #15. 38. The School Board ignored Bracci's speaker card, and without providing the public any opportunity to be heard, the School Board entertained a proposition to approve the consent agenda, and subsequently voted to approve the consent agenda. 39. Thereby, the School Board took the of?cial action of approving 16 agenda items, including Item #15. 40. No facts exist that would make applicable the ?exceptions? listed in Section 28601148), Florida Statutes, as applied to Agenda Item #25 ?Approval of the Consent Agenda? and its incorporated Item #15, since that ?proposition? and ?of?cial action? is neither an ?emergency situation,? a ?ministerial act,? an ?exempt? act, nor a ?quasi-judicial proceeding.? 41. No facts exist that would make applicable the ?subject to? provisions of Section 286011491), Florida Statutes, as applied to Agenda Item #5 ?Election of Of?cers,? since the outright prohibition against public speech did not entail ?guidelines? about time limitations, ?procedures for allowing representatives of groups? to speak, ?procedures or forms? to use to inform the board of a desire to be heard, or ?designatfing] a speci?ed period of time for public common COUNT I DECLARATORY JUDGMENT (VIOLATION OF RIGHT TO REASONABLE OPPORTUNITY TO BE HEARD, SECTION 286.0114, FLORIDA STATUTES) 42. Paragraphs 1 through 41 are incorporated herein. 43. Bracci contends that the imminent election of a new board chair is a ?proposition? under Section 286.0114, Florida Statutes. - 44. Bracci contends that the actual election of a new board chair is an ?of?cial action? under Section 286.0114, Florida Statutes, and is an of?cial requirement under Section 1001.371, Florida Statutes. 45. Bracci contends that the School Board?s re?isal to allow public comment on Agenda Item #5 ?Election of Of?cers,? violates Section 286.0114, Florida Statutes. 46. Bracci further contends that the imminent approval of the consent agenda is a "proposition" under Section 286.0114, Florida Statutes. 47. Bracci ?nther contends that the approval of the consent agenda, including the approval of Item #15 "Budget Amendments," is an "of?cial action" under Section 286.0114, Florida Statutes. 48. Bracci contends that he has been harmed by the denial of his right to the reasonable opportunity to be heard prior to the of?cial action of electing Curatolo as board chair, and prior to the approval of the ConSent Agenda. 49. There is a bona ?de, actual, presont practicai need for the declaration. 50. The declaration deals with a present, ascertained or ascertainable state of facts. 51. The privilege or right of Bracci is dependent on the facts or the law applicable to the facts. 52. The relief sought is not merely the giving of legal advice by the court or the answer to questions propounded from curiosity. 53. To undertake this action, Bracci has engaged the undersigned counsel and is obligated to pay a reasonable fee. 54. Bracci is entitled to attorney?s fees pursuant to Section WHEREFORE, Bracci respectfully respects that this Court enter a declaratory judgment in his favor, with supplemental relief, as follows: Determine that the School Board violated Section 286.0114, Florida Statutes, by taking the "of?cial action" on a "proposition" of electing Curatolo as new board chair, without reasonably allowing public comment. (is) Determine that the School Board violated Section 286.0114, Florida Statutes, by taking the "official action" on a "proposition" of approving the consent agenda, including Item #15 "Budget Amendments," without reasonably allowing public comment. (0) Enjoin the School Board from further violations of Section 286.0114, Florida Statutes. Determine that Bracci is entitled to an award of attorney?s fees, and to schedule a hearing to determine the amount of such fees. Provide such other relief as this court deems just and appropriate. COUNT II (SECTION 286.0114, FLORIDA STATUTES) 55. Paragraphs 1 through 41, and 43 through 45, are incorporated herein. 56. Section Florida Statutes, provides that ?a circuit court has jurisdiction to issue an injunction for the purpose of enforcing this section upon the ?ling of an application for such injunction by a citizen of this state.? 57. "To warrant a preliminary injunction, the party seeking relief must show the likelihood of irreparable harm, the lack of an adequate remedy at law, the- substantial liketihood of success on the merits, and public interest considerations." Charlotte Cnty. v. Vetter, 863 So. 2d 465, 468?69 (Fla. 2d DCA 2004). 58. Bracci seeks a temporary injunction to allow Bracci an opportunity to address the Board on this issues he wished to discuss as required by Section 286.0114, Florida Statutes, prior to when Curatolo next serves as board chair and has the sole authority to control the right of the public to speakat board meetings. 59. Barring such an injunction, Bracci will continue to be injured by the chairmanship of Curatolo without his opportunity to ?rst publicly comment to the School Board about his concerns over Curatolo?s views toward public comment at meetings, including her excessively broad interpretation of Policy 0169.1 pertaining to public comment that is ?personally directed.? By such effort, Bracci hopes to impart upon Curatolo and the other board members that Curatoio should not be able to proceed with her application of Policy 0169.1. 60. In fact, within a mere ?ve to ten minutes after being elected board chair at the organizational meeting, Curatolo had already interrupted a public speaker on the grounds that he was making "personaily directed" comments by pointing out a con?ict of interest involving Fishbane. 61. Bracci has no adequate no adequate remedy at Iaw. 62. Bracci is likely to succeed on the merits, because it is clear that the nomination of a board chair is a "proposition," and the election of a board chair is an "of?cial action" required by Florida Statute 8 1001.371. Further, it is clear that Bracci and the public were not allowed a reasonable opportunity to be heard on this proposition before the board took of?cial action. Finally, it is clear that none of the exceptions or exemptions listed under Section 286.0114 apply in this instance. 63. Because the board chair wields the power to cut off public comment, this is a matter of public importance. 64. Accordingly, temporary injunction is appropriate. 65. Bracci has engaged the undersigned counsel and is obligated to pay a reasonable attorney fee. Bracci is entitled to an award of attorney?s fees pursuant to Section Florida Statutes. WHEREFORE, Bracci respectfully requests that this Court: Enter a temporary injunction based solely on this veri?ed complaint, or alternatively, set a preliminary evidentiary hearing at the earliest possible opportunity, so that Bracci may place of record such evidence as is necessary to substantiate the merits of this Court entry of a temporary injunction, so that this court may af?nnatively enjoin and require the School Board to allow Bracci and the public an opportunity to speak publicly on the proposition of Cuaratolo's nomination as Board chair at the start of the next meeting following this Court's order as should have happened at the organizational meeting pursuant to Sections 286.0114 and 1001.371, Florida Statutes; Enter an order temporarily enjoining the School Board 'from further future violations . of Section 286.0114, including a direction that the School Board should not allow the District General Counsel to selectively decide on which "propositions" the public is entitled to speak; Determine that the School Board did violate Section 286.0114, Florida Statutes, by failing to allow the public to speak on Agenda-Item #5 "Election of Of?cers;" Determine that Braeci is entitled to an award of reasonable attorney's fees, either at the time of temporary injunction, or upon the conclusion of this action; and Provide for such other relief as this court deems just and appropriate. COUNT PERMANENT INJUNCTION (SECTION 28 6.0114, FLORIDA STATUTES) 66. Counts 1 through 41 are incorporated herein.' 67. Section Florida Statutes, provides that ?a circuit court has jurisdiction to issue an injunction for the purpose of enforcing this section upon the ?ling of an application for such injunction by a citizen of this state.? 68. Bracci seeks an injunction to prohibit the School Board from ?rrther violating Section 286.0114, Florida Statutes, by denying the public its reasonable opportunity to be heard on board propositions prior to the Board taking of?cial actions on such propositions. 69. The imminent election of a new board chair is a ?proposition? under Section 286.0114, Florida Statutes. 70. The actual election of a new board chair is an ?of?cial action? under Section 286.0114, Florida Statutes, and is an official requirement under Section 1001.371, Florida Statutes. 71. The School Board?s refusal to allow a reasonable opportunity for the public to be heard on November 18, 2014, Agenda Item #5 ?Election of Officers,? violates Section 286.0114, Florida Statutes. 72. The imminent approval of a consent agenda is a "proposition" under Section 286.0114, Florida Statutes. - 7 3. The approval of a consent agenda, and its approval of the "consent agenda items" in total, including the approval of December 9, 2014, Agenda Item #16 "Budget Amendments," is an "official action" under Section 286.0114, Florida Statutes. . 74. The School Board's refusal to allow a reasonable opportunity for the public to be heard on Agenda Items #25 "Approval of Consent Agenda," violates-Section 286.0114, Florida Statutes. . 75. Bracci has been harmed by the denial of his right to the reasonable opportunity to be heard prior to the official action of electing Curatolo as board chair on November 18, 2014, and prior to the approval of the Consent Agenda on December 9, 2014. 10 76. Bracci has engaged the undersigned counsel and is obligated to pay a reasonable attorney fee. Bracci is entitled to an award of attorney?s fees pursuant to Section 286.01 Florida Statutes. WHEREFORE, Bracci reSpectfully requests that this Court enter judgment in favor of Bracci, as follows Determine that the School Board did violate Section 286.0114, Florida Statutes, by failing to allow the public a reasonable opportunity to be heard on Agenda Item #5 "Election of Officers" at its November 16, 2014, meeting; Determine that the School Board did violate Section 286.0114, Florida Statutes, by failing to allow the public a reasonable opportunity to be heard on Agenda Items #25 "Approval of the Consent Agenda" and including incorporated Agenda item #15 "Budget Amendments" at its December 9, 20 I 4, meeting; Permanently enjoin the School Board from further Violating Section 286.0114, Florida Statutes, by refusing to allow the public the opportunity to speak on propositions prior to of?cial board action, and including without limitation a direction that the School Board should not allow the District General Counsel or its staff to selectively decide on which "propositions" the public is entitled to Speak. Determine that Bracci is entitled to an award of reasonable attorney?s fees, either at the time of temporary injunction, or upon the conclusion of this action; and Provide for such other relief as this court deems just and appropriate. COUNT IV DECLARATORY JUDGMENT (VIOLATION OF RIGHT TO FREE SPEECH UNDER ARTICLE I, SECTION 4, FLORIDA CONSTITUTION) 77. Counts 1 through 41, and 60,- are incorporated herein. 78. Article 1, Section 4, of the Florida Constitution provides: "Every person may speak, write and publish sentiments on all subjects but shall be responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press.? .11. 79. The School Board is a constitutional state agency and is subject to the provisions of the Florida Constitution. 80. The School Board?s Policy 0169.1, prohibiting speech that is ?personally directed,? as applied by this School Board to prohibit public comment about actions taken by particular board members or staff, violates Article I, Section 4 of the Florida Constitution. 81. The School Board's Policy 0169.1, prohibiting Speech that is "personally directed," is also facially unconstitutional because it is vague and fails to inform the public of the conduct they must undertake to avoid a violation of the policy, and therefore violates Article 1, Section 4 of the Florida Constitution. 82. The School Board's Policy 0169.1, prohibiting speech that is "personally directed," is also facially unconstitutional because it is overly broad and indiscriminately reaches both protected and unprotected expression, and therefore violates Article I, Section 4 of the Florida Constitution. 83. There is a bona ?de, actual, present, practical need for the declaration, and Bracci is uncertain as to his rights to publicly speak at school board meetings based on the application of Policy 0169.1 and Article 1, Section 4, ofthe Florida Constitution. 84. The declaration deals With-a present, ascertained or ascertainable state of facts. 85. The privilege or right of Bracci is dependent on the facts or the law applicable to the facts. 86. The relief sought is not merely the giving of legal advice by the court or the answer to questions propounded horn curiosity. WHEREFORE, Bracci requests that this Court enter a declaratory judgment inBracci's favor that: Declares that the ?personally directed? provision of School Board Policy 0169.1 is unconstitutional under Article 1, Section 4, of the Florida Constitution, as applied by the School Board to deny public speech that merely addresses the conduct of School Board members and staff; 12 Declares that the "personally directed" provision of School Board Policy 0169.1 is facially unconstitutional under Article 1, Section 4, of the Florida Constitution, because it is vague; Declares that the "personally directed" provision of School Board Policy 0169.1 is facially unconstitutional under Article 1, Section 4, of the Florida Constitution, because it is overly broad; and Provides such other relief as this court deems just and appropriate. VERIFICATION "Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged herein are true and correct to the best of my knowledge and belief." Quka .T. BRACCI 13 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on January 5, 2014, a true and correct cepy of the above and foregoing has been E??led and served by e-mail upon: Collier County School Board Attn: Jon Fishbane, District General Counsel/School Board Attorney 5775 Osceola Trail Naples, Florida 34109 ?shbj@collierschools.com 9\ Steven J. Bracci, Esq. Steven J. Braeci, PA Florida Bar No. 157562 Attorney for 9015 Strada Stell Court, Suite 102 Naples, Florida 34109 P11: {239) 596-2635 Fax: (239) 431-6045 Email: steve@braceilaw.com, n?ehelle?c?braccilawcom 14 as is Ear cats-a Ewargiades Eity, Immoicaiee, Marco island, Napl?es, Fiorida. School Board Organizational Meeting November 18, 2014 - 8:00 Certain) Dr. Martin Luther King Jr. Administrative Center 5775 Osceola Trail -'Naples, FL 34109 November 18, 2014 - School Board Organizational Meeting STATEMENT OF MEETING GUIDELINES: All electronic devices, such as pagers, cell phones, and any other wireless communication device, must be turned off while in the Board Room, as they may interfere with the television broadcast. Cali to Order 1. Cali to Order Pledge to the Fiag 2. Pledge to the Flag Roll Call- 3- Organization of the School Board Swearing In of New and! or Rte-Elected Board Members 4. Swearing In of New and/or Re-Elected Board Members Election of Officers 5. Election of Of?cers Meetings and Times 6. Meetings and Times Attachment: Dra?Calendar Board Meetings 2014-2015.pdf Board Assignments 7.'Board Assignments Page 1 of? Exhibit A School Board Organizational Meeting November 18, 2014 - 8:00 am. (Time Certain) Dr. Martin Luther King Jr. Administrative Center Other Topics for Discussion 8. Other Topics for Discussion I Annual Meeting of the Collier County School Board Foundation, Inc. 9. Recess to Hold Annual Meeting of the Collier County School-Board Foundation, Inc. 10. Return to Organizational Meeting Report of the School Board Attorney] District Counsel 11. Report of the School Board Attorney] District Counsel Comments from the superintendent 12. Comments from the Superintendent Adjournment 13. Adjournment *The Asterisk indicates that additional written supportive material is available in the Board Of?ces. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE SCHOOL BOARD WITH RESPECT TO ANY MATTER CONSIDERED, WILL NEED A RECORD OF THE PROCEEDINGS AND, THEREFORE, MAY NEED TO ENSURE THAT A RECORD OF THE PROCEEDINGS IS MADE. THE RECORD MUST INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. PUBLIC PARTICIPATION - The District School Board of Collier County welcomes public comment on any agenda item. You are requested to keep comments brief and concise and to avoid repetition of the remarks of others. The Board reserves the right to limit the time for public comment. Please complete a Speaker Registration Card available at the table upon entry into the Board Room. The card is to be given to the District General Counsel to ensure correct spelling of your name in the minutes. The Chair will recognize you, normally after Board discussion, and request that you come to the podium and state your name for the record. Our meetings are t'eievised live and are audiovrecorded. Please Note: If interpreters are needed, please contact the Department of Communications Community Engagement at 239-377-6180 at least three days prior to the meeting. The Board Packet, which includes backup information and recommendations for each-item on the agenda is available on the district web site at For additional viewing options, please contact the Department of Communications Community Engagement at (239) 377-0180. Page 2 of 2 0160 MEETINGS 0169.1 Page 1 of2 Public Participation at Board Meetings The School Board recognizes the value to school governance of public comment on educational issues and the importance of allowing members of the public to express themselves on school matters of community interest. in order to permit the fair and orderly expression of such comment, the Board shall provide a period for public participation at those public meetings of the Board during which action may be taken and publish rules to govern such participation in Board meetings. The presiding of?cer of each Board meeting at which public participation is permitted shall administer the rules of the Board for its conduct. The presiding of?cer shall be guided by the following rules: A. Public participation shall be permitted as indicated on the order of business and before the Board takes of?cial position on any action item under consideration. B. Attendees must register their intention to participate in the public portion of the meeting. C. Participants must be recognized by the presiding of?cer and will be requested to preface their comments by an announcement of their name. D. Each statement made by a participant shall be limited to three (3) minutes duration, unless changed by the presiding of?cer. Persons will be recognized in the order in which the requests were received. E. All statements shall be directed to the presiding of?cer; no person may address or question Board members individually. Staff members shall not be expected to answer questions from the audience unless called upon by the Board Chair or the Superintendent. F. Tape or video recordings are permitted under the following conditions: 1. No obstructions are created between the Board and the audience. 2. No interviews are conducted in the meeting room while the Board is in session. Exhibit 60.htm 0160 - MEETINGS Page 2 of 2 3. No commentary, adjustment of equipment, or positioning of Operators is made that would distract either the Board or members of the audience whiie the Board is in session. G. The presiding of?cer may: 1. interrupt, warn, or terminate a participant's statement when the statement is too personally directed, abusive, obscene, or irrelevant; 2. request any individual to leave the meeting when that person does not observe reasonable decorum; 3. request the assistance of law enforcement of?cers in the removal of a disorderly person when that person's conduct interferes with the orderly progress of the meeting; 4. call for a recess or an adjournment to another time when the tack of public decorum so interferes with the orderly conduct of the meeting as to warrant such action. No Board action shall be taken on requests made during public discussion unless the Board declares the matterto be an emergency in accordance with current iaw. Any other requests that the Board chooses to take action on shall be placed on an agenda for a subsequent meeting. 60.111311 1/5/2015 ?the District Scheei Beard at? Comer-?eeing Hargiades Eity, Immokaiee?, Harte 1513116, SE $133315, Raritie- a . "a Reguiar School Board Meeting December 9, 2014 - 5:00 pm. (Time Certain) Business Portion of Meeting to Begin at 5:30 pm. (Time Certain) Dr. Martin Luther King Jr. Administrative Center - 5775 Osceoia Trail Naples, FL 34109 December 9, 2014 - Regular School Board Meeting STATEMENT OF MEETING GUIDELINES: Ali electronic devices, such as cellphones, must be turned to the silent setting when entering the board room. Members of the pubiic wishing to speak on any agenda item must complete a Speaker Registration Card and deliver it to the Executive Director of Communications and Community Engagement who will announce the names and order of speakers. No Speaker shall indulge in personal attacks while speaking. All comments and questions are to be addressed directly to the District School Board. Members of the public who wish to address the Board regarding items not on the agenda may do so during Public Comments. Speakers be limited to three minutes unless granted additional time by the Board Chair. To assist the speaker, a yellow caution light will appear on the timer when one minute remains, and a red light will appear when the time expires. The Chair, with the consent of the Board, shall have the right to limit pubiic debate on any agenda item. The District General Counsel, as the Parliamentarian, shall work with the Board Chair to enforce the Meeting Guidelines. Call to Order I. Call to Order Roll Call 2. Roll Call Statement of Meeting Guidelines 3. Statement of Meeting Guidelines Pledge to the Flag I Moment of Silence 4. Pledge to the Fiangoment of Silence Changes to the Agenda 5. Changes to the Agenda Recognitions 6. A1 Florida American String Teacher Association - New Teacher of the Year Page 1 of 5 Exhibit Regular School Board Meeting December 9, 2014 - 5:00 pm. (T ime Certain) Business Portion of Meeting to Begin at 5:30 pm. (Time Certain) 7. A2 State Champions 8. A3 USA Swimming Junior National Recognition Consent Meeting Minutes 9. November 11, 2014 Regular School Board Meeting Attachment: 111114 RBM Minutes.de 10. November 18, 2014 - School Board Organizational Meeting Attachment: 111814 Organizational Minutes.de Secondary Programs 11. B30 Field Trip Request - Naples High School FFEA to Arlington, VA Attachment: 830 NHS FFEA Facilities Management 12. C52 GMP Replace Expansion Joints - IHS Attachment: Contract - I HS 12-9~2014 (part 1).pdf Attachment: Contract - I HS 12-9-2014 part 2).pdf 13. C53 Replace HVAC Equipment and Roo?ng System - Attachment: 3105 14. C55 Final Completion Replace Auditorium Chiller Replace Roof and Renovate Campus IHS Attachment: QDV of ClarFC Final Completion I HS 12?9?2014.xls Attachment: Pay Application - I HS.pdf Finance 15. C170 October 2014 Budget Amendments Attachment: Oct FY15 Bud Amend N.pdf 16. C171 October 2014 Financial Statements I Attachment: oct 15-fs Page 2 of 5. Regular Schbol Board Meeting December 9, 2014 5:00 pm. (Time Certain) Business Portion of Meeting to Begin at 5:30 pm. (Time Certain) Purchasing . 17. C200 Bid Portable Canvas Walkway Doorwanr Covers/Districtwide Attachment: BID 17710Renewal14.15.pdf 18. C201 Bid #166?6114 Fire Equipment Inspections Maintenance] Districtwide Attachment: BID 166614Re.award.odf 19. C202 Other Purchases #19a-7/13R Alerton Honeywell Energy Management ?stems, Installations, Repairs Parts (Renewal) 20. C203 Other Purchases #48-111?14 Frozen TreatsiNutrition Services 21. C204 Other Purchases #97b-3113R Trane (HVAC) Equipment, Parts Sewiceleistrich/vide (Renewal) Attachment: OP 97b313R14.15.pdf E. Human Resources 22. E1 Personnel Actions 1412 Attachment: E1 PersonnelList 120914-120514.pdf Bene?ts 23. E12 Quest Diagnostics Amendment to Master Service Agreement Attachment: E12 QuestAmendmentDec2014.pdf 24. E13 2015 Stop Loss Coverage Attachment: StopLossSummarv.pdf Attachment: 20ISStopLossReportFINALpdf Attachment: E13 StopLossApplicationZUiS.odf Approval of the Consent Agenda 25. Approval of the Consent Agenda Un?nished Business C. Operations 26. C240 Finaiization of Dates and Times for Board Meetings and Workshops Inciuding Workshop Topics Attachment: Page 3 of 5 Reguiar School Board Meeting- December 9, 2014 a 5:00 pm. (Time Certain) Business Portion of Meeting to Begin at 5:38 p.m. (Time Certain) New Business I Facilities 27. C50 GMP Remodel Existing Classrooms for Computer Based Testing - GGM Attachment: Contract - GGM 12-9-2014 part 1).pdf Attachment: Contract - GGM 1243-2014 (part 2).pdf Attachment: Presentation ClassroomsMods InstructionalPurQosespdf 28. C51 GMP Remodel Existing Ciassroom for Computer Based Testing NNM Attachment: C-51 NNM Contractodf Attachment: Presentation CiassroomsMods InstructionalPurposes.pdf 29. C54 GMP Remodel Existing Classrooms for Computer Based Testing ENM Attachment: 054 A105 ENM Attachment: Presentation ClassroomsMods InstructionalPurposes.pdf B. Curriculum 8: Instruction 30. Bl Co-Curricular Course Programming Attachment: Bl Poligy2240.gdf Attachment: Bl Procedure2240.pdf Attachment: Bl Polig2270.gdf Attachment: Bl Procedure2270.odf Attachment: BI PoliggSZOOpdf Attachment: 81 Procedure5200.pdf Attachment: Bl Polig8800pdf Public Comments 31. Public Comments School Board Comments 32. School Board Comments Report of the School Board Attorney 33. Report of the School Board Attornev Superintendent Comments 34. ngrintendent Comments Adieu rnment Page 4 of 5 Regular School Board Meeting December 9, 2014 - 5:00 pm. me Certain) Business Portion of Meeting to Begin at 5:30 pm. ime Certain) 35. Adjournment IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE SCHOOL BOARD WITH RESPECT TO ANY MATTER CONSIDERED, WILL NEED A RECORD OF THE PROCEEDINGS AND, THEREFORE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. THE RECORD MUST INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 5 of