date · date: october 23, 2014 to: board of trustees, news media, leadership team from: daniel b....

Date: October 23, 2014

To: Board of Trustees, News Media, Leadership Team

From: Daniel B. Merck, Ed.D.

Re: October 27, 2014 Board Meeting

The Board of Trustees will meet in executive session on Monday, October 27, 2014 at 6:00 p.m. in the Board Room of the Curtis A. Sidden Administrative Office on Griffin Mill Road. The board will convenue into the public meeting at 7:00 p.m. A proposed agenda is attached. News media may view the board packet at www.pickens.k12.sc.us The board packet is located under Board of Trustees/Meetings.

AGENDA SCHOOL DISTRICT OF PICKENS COUNTY

BOARD OF TRUSTEES Administrative Office

Pickens County, South Carolina October 27, 2014

I. Call to Order

II. Executive Session 6:00 p.m. A. Personnel Matters

1. Leaves/Hires/Separations B. Property Matters

1. Purchases/Sales/Leases/Disposal C. Act 155 Update D. Student PE Exemption E. Legal Matters

III. Presentations 7:00 p.m.

A. Capital Needs- Dr. Bill Roach B. Recognition of Service- Dr. Danny Merck

IV. Public Input

V. Opening of the Public Meeting A. Changes and Approval of the Agenda B. Public Invocation- Mr. Alex Saitta, Chairman C. Pledge of Allegiance- Mr. Alex Saitta, Chairman D. Approval of Minutes

VI. Action Items A. Executive Session Motions (if necessary) B. Motions for New Business C. Policy – 2nd/Final Reading- Mr. Alex Saitta

Policy BEAA (Invocation at Regular School Board Meetings D. Policies – 2nd/Final Reading- Dr. Stephanie Lackey

Policy GDFAA, GDFAA-AR, GCF, GBC/GBD, GCEAA (Hiring of Retirees) E. Approval of Procurement Audit Report for July 1, 2012- June 30, 2014 – Mr. Clark Webb

VII. Comments A. Superintendent B. Board Members

VIII. Adjournment

Board Members:

Mr. Alex Saitta, Chair Mr. Jim Shelton, Vice-Chair

Dr. Herbert Cooper

Mr. Jimmy Gillespie Ms. Judy Edwards Dr. Brian Swords

SUPERINTENDENT Daniel B. Merck, Ed.D.

CLERK TO BOARD Rosanne L. Morris

Board of Trustees Meeting Minutes: September 22, 2014 Page 1

School District of Pickens County Minutes of Board of Trustees

Administrative Office Pickens County, South Carolina

September 22, 2014

These minutes are not official until approved by the board at the next regularly scheduled meeting.

The following board members were present: Mr. Alex Saitta, Mr. Jimmy

Gillespie, Mr. Jim Shelton, Ms. Judy Edwards, Dr. Herbert Cooper and Dr. Brian

Swords.

Those present from the District Office were: Dr. Danny Merck, Dr. William

Roach, Dr. Stephanie Lackey, Mrs. Sharon Huff, Mr. Danny Barrett, Mr. John Eby,

Mrs. Melissa Bowman and Mrs. Rosanne Morris.

In accordance with S.C. Code of Laws, Section 3-4(d), as amended, the

following were notified of the date, time, place and agenda of the meeting: Ms. Alison

Glass, Anderson Independent Mai; Mr. Brett McLaughlin, The Journal; Mr. David

Williams, Anderson Independent Mail; Mr. Greg Oliver, The Journal; Mr. Jeff Brush,

Patch; Ms. Liz Carey, Anderson Independent Mail; Mr. Lonnie Adamson, Pickens

Sentinel/Easley Progress; Mr. Rocky Nimmons, Pickens County Courier; Mr. Ron

Dekett, Greenville News; Mr. Vince Jackson, Anderson Independent Mail; Mr. Woody

White, Greenville News; Mr. Zach Mauldin, Pickens County Courier; Mr. Ben

Robinson, Pickens County Courier; Mr. Gordon Dill, WSPA; Ms. Mary Lu Saylor,

WSPA; Mr. Rob Landreth, WSPA; Ms. Sara Lewis, WSPA; and Ms. Kim Deal, WYFF.

The following media representatives were present: Mr. Greg Oliver, Daily

Journal Messenger and Ben Robinson, Easley Progress and Ron Barnet, Greenville

News.


I. Meeting Openings

Mr. Alex Saitta, Chairman, called the meeting to order by stating the meeting was

being held in accordance with the Freedom of Information Act.

A motion was made by Mr. Alex Saitta and seconded by Mrs. Judy Edwards

to adjourn into Executive Session for the purpose of Personnel Matters regarding

leaves/hires/separations, Property Matters regarding purchases/sales/leases/disposal,

Act 155 Update and Legal Matters. The motion carried unanimously.

The board returned from executive session at 7:00 p.m.

II. Presentations

A. Annual Audit Plan

Mrs. Melissa Bowman, Internal Auditor, presented the Annual Audit Plan to the

board for information.

B. Update on Capital Improvement Projects

Dr. William Roach, Jr. presented the board with the update on the Capital

Improvement Projects list with the current status of the projects.

III. Public Input

No input

III. Opening of the Public Meeting

Motion was made by Mr. Jim Shelton and seconded by Mrs. Judy Edwards to

delete item D on Action Items due to information being presented under

Presentations and no need for action. The motion carried with all in favor.


Mr. Alex Saitta, Board Chair, led the Invocation and Pledge of Allegiance.

By unanimous vote the board approved the minutes of August 25, 2014,

September 8, 2014 and September 15, 2014.

IV. Committee Report

A. Instructional Committee

Mr. Alex Saitta, Instructional Committee Chairman, stated that the

committee discussed the 3-6 program that would engage students after school and the

Twilight Program which is taking place at PHS after hours for students in lieu of

expulsion. Discussion only. No recommendation at this time from Committee.

B. Policy Committee

The Policy Committee reviewed and recommend revisions to the following

policies regarding the hiring of retirees, policies GDFAA, GDFAA-R, GCF, GBC/GBD,

GCEAA. These policies will be under pending review.

Mr. Jim Shelton stated that the recommendation to revise these

policies came on behalf of the Policy Committee, so no second is needed. The motion

carried with four in favor and two opposed (Saitta, Gillespie) and were approved for 1st

reading.

The Policy Committee also reviewed and recommended changes to the

current Invocation at Regular School Board Meetings, Policy BEAA. Mr. Shelton,

Policy Chairman, stated that the recommendations would align the district’s policy with

the City of Greece, NY per the Supreme Court ruling. The recommendation comes to

the full board for 1st reading on behalf of the Policy Committee, no second is needed.


Mr. Alex Saitta made a substitute motion with Mr. Jim Shelton seconding to

approve the original motion with the additions/changes to item #7 per the district

attorney. The substitute motion carried unanimously.

V. Action Items

A. Executive Session Motions

a. Personnel Matters

1. Leaves/Hires/Separations

Motion was made by Mr. Jim Shelton and seconded by Dr. Brian

Swords to accept the Superintendent’s recommendations for leaves/hires/separations.

The motion carried unanimously.

b. Property Matters

1. Purchases/Sales/Leases/Disposal

Motion was made by Mr. Alex Saitta and seconded by Mrs. Judy

Edwards to approve the sale of scrap HVAC parts and Cisco Controller parts as

presented in executive session. The motion carried unanimously.

c. Act 155 Update

Motion was made by Mr. Alex Saitta and seconded by Mr. Jimmy

Gillespie to approve the list presented in executive session (10 students) that meet the

diploma requirements per Act 155. The motion carried unanimously.

d. Legal Matters

No action taken- Discussion only.


B. Motions for New Business

None

C. Setting the per day amount of the 2014-2015 bonus for employees for unused

advanced annual leave days beyond 135 days and the amount for unused leave days

at separation other than retirement

Motion was made by Dr. Brian Swords and seconded by Dr. Herbert Cooper

to approve the district’s recommendation for unused advanced annual leave be set at

$0.00 per day and for those employees’ who have more than 135 days be allowed to

continue to carry over days. For employees who voluntarily leave the district for

reasons other than retirement, the per day amount will be set at $50.00 per day. Any

employee transferring to another school district in the state may choose to transfer all

or a portion of their unused cumulative annual days instead of receiving a bonus. The

motion carried with five in favor and one opposed (Saitta).

D. SCSBA 2014 Certification of Delegates

Motion was made by Mr. Alex Saitta and seconded by Dr. Brian Swords to

approve that Mrs. Judy Edwards and Dr. Brian Swords represent the district and board

at the 2014 SC School Boards Association Annual Business meeting in December and

be allowed to vote with both receiving 3 votes each during the policy-making portion of

the business meeting. The motion carried unanimously.


VI. Consent Agenda

A. 2013-2014 Minority Business Report

B. 2013-2014 Sole Source/Emergency Procurement Report

Dr. William Roach, Assistant Superintendent, presented the board with both reports as

information.

VII. Adjournment

By unanimous consent the board meeting adjourned at 8:10 p.m.

Board of Trustees Meeting Minutes: October 13, 2014 Page 1

School District of Pickens County Minutes of Board of Trustees Called Meeting

Administrative Office Pickens County, South Carolina

October 13, 2014

These minutes are not official until approved by the board at the next regularly scheduled meeting.

The following board members were present: Mr. Jimmy Gillespie, Mr.

Jim Shelton, Ms. Judy Edwards, Mr. Alex Saitta, Dr. Brian Swords and Dr. Herbert

Cooper.

The following staff members were present: Dr. Danny Merck, Dr.

William Roach, Jr., Dr. Stephanie Lackey, and Mr. John Eby.

In accordance with S.C. Code of Laws, Section 3-4(d), as amended, the following were

notified of the date, time, place and agenda of the meeting: Ms. Allison Newton, Anderson Independent

Mail; Ms. Anna Simon, Greenville News; Mr. Brett McLaughlin, The Journal; Ms. Carolyn Smith, Patch;

Mr. David Williams, Anderson Independent Mail; Mr. Greg Oliver, The Journal; Mr. Jason Evans,

Pickens Sentinel/Easley Progress; Mr. Jeff Brush, Patch; Ms. Liz Carey, Anderson Independent Mail;

Mr. Lonnie Adamson, Pickens Sentinel/Easley Progress; Ms. Nicole Daughhetee, Pickens County

Courier; Mr. Paul Alongi, Greenville News; Mr. Rocky Nimmons, Pickens County Courier; Mr. Ron

Barnett, Greenville News; Mr. Ron Dekett, Pickens County News; Mr. Vince Jackson, Anderson

Independent Mail; Mr. Woody White, Greenville News; Mr. Zach Mauldin, Pickens County Courier; Mr.

Gordon Dill, WSPA; Ms. Mary Lu Saylor, WSPA; Mr. Rob Landreth, WSPA; Ms. Sara Lewis, WSPA;

and Ms. Kim Deal, WYFF.

I. Meeting Openings

Mr. Alex Saitta, Chairman, called the meeting to order by stating the

meeting was being held in accordance with the Freedom of Information Act.


Action Items

A. Approval of the Annual Audit Report for year ended June 30, 2014

Mr. Larry Finney, Greene, Finney & Horton, CPAs, presented the

board with their annual report for year ended June 30, 2014. Mr. Finney

stated that the district received the best opinion a school district can receive

by being issued an unmodified opinion.

Motion was made by Mr. Alex Saitta and seconded by Mrs. Judy

Edwards to approve the presented Annual Audit Report for year ended June

30, 2014. The motion carried unanimously.

Mr. Alex Saitta made a motion to adjourn into executive session for

the purpose of Personnel Matters regarding leaves/hires/separations and

Legal Update. The motion carried unanimously.

II. Executive Session

A. Personnel Matters

1. Leaves/Hires/Separations

Motion was made by Mr. Jim Shelton and seconded by Dr. Herbert

Cooper to accept the Superintendent’s recommendation on

leaves/hires/separations. The motion carried with four in favor and two

opposed (Saitta, Gillespie).

2. Legal Update

No action taken. Discussion Only.


The meeting adjourned by unanimous consent.

SCHOOL DISTRICT OF PICKENS COUNTY

Board Agenda Item AGENDA ITEM: VI-C FOR INFORMATION: FOR ACTION: 10/27/14 PREPARED BY: SUBJECT: Policy – 2nd/Final Reading- BEAA (Invocation at Regular School Board Meetings) SUPERINTENDENT'S RECOMMENDATION: DISCUSSION: The board voted on the first reading of the new policy on September 22. District Attorney, Bic Halligan, has provided us with a updated policy as attached. ATTACHMENT: Draft Policy BEAA- Invocation at Regular School Board Meetings BEAA-R - Sample Prayers


[DRAFT]

Policy

INVOCATION AT REGULAR SCHOOL BOARD MEETINGS

Code BEAA Issued ______ Purpose: To establish the basic structure for the use of an invocation at regular Board meetings. The board is a deliberative public body and will open its regular public meetings with a public invocation complying with Section 6-1-160 of the Code of Laws of South Carolina, modified to conform with the decision of the United States Supreme Court in Town of Greece v. Galloway, 572 U.S. __, 134 S. Ct. 1811 (2014). The Board will not begin meetings for student matters with a public invocation. The purposes of the public invocation are to express thankfulness for the right of self-government, solemnize the board's legislative tasks, dignify and confirm the seriousness of board meetings, encourage respect and appreciation for all board members, seek to unite and not divide the board, invoke divine guidance for the board, and contribute to the wisdom and soundness of decisions by the board. The public invocation will not proselytize for or advance any one, or disparage any other, faith or belief, denigrate nonbelievers or religious minorities, threaten damnation or preach conversion. The public invocation is for the benefit of the board. The public invocation will occur may include a prayer, a reflective moment of silence or a short solemnizing message, to be offered at the time on the agenda as provided in Board Policy BEDB (Agenda). No member of the board, or any other person attending the meeting, will be required to be present for or participate in the public invocation. This policy is not intended, and will not be implemented or construed in any way, to affiliate the board with, or express the board’s preference for or against, any faith or religious denomination. The Board will implement Section 6-1-160(B)(3) of having an invocation offered by an invocation speaker, as follows:

1) The administration will compile and maintain a database (Congregations List) of religious congregations in the local community of Pickens County.

2) The Congregations List will be compiled by referencing the listing for “churches,” “congregations” or other religious assemblies in the annual Yellow Pages phone book(s) or similar publications, published for Pickens County, research from the Internet and/or consultation with local chambers of commerce. All religious congregations with an established presence in the local community of Pickens County are eligible to be included on the Congregations List and any congregation can confirm its inclusion by specific written request to the administration.

BEAA – INVOCATION AT REGULAR SCHOOL BOARD MEETINGS


3) The Board welcomes an invocation by any religious leader, chaplain of a Pickens County fire department or law enforcement agency, or layman, who wishes to give one, and anyone who notifies the administration in writing will be added to the Congregations List.

4) The Congregations List will be updated by reasonable efforts of the administration approximately at the time the board adopts its annual meeting schedule.

5) Within approximately one month after the board’s adoption of its annual meeting calendar, the administration will mail an invitation addressed to each person on the Congregations List. The administration will develop an invitation to be used in accordance with this policy and applicable law.

6) The invitation will include the annual regular meeting dates, and respondents must pick no more than two meeting dates. A respondent to the invitation will be scheduled for each meeting date on the basis of first-receipt, by U.S. mail or hand delivery, of the written response for the specific date; ties will be resolved by random drawing. The same speaker will not be scheduled to offer an invocation at more than one board meeting per school year.

7) The invitation will contain the following statement required by Section 6-1-160(B)(3) as modified by Town of Greece:

A religious leader is free to offer an invocation according to the dictates of his own conscience, but, in order to comply with applicable constitutional law, the Board of Trustees of the School District of Pickens County requests that the public invocation opportunity not be exploited to proselytize or advance any one, or to disparage any other faith or belief, denigrate nonbelievers or religious minorities, threaten damnation or preach conversion.

8) No invocation speaker will receive compensation.

9) The chairman of the board will introduce the invocation speaker and invite only those who wish to do so to recognize this observance of and for the board.

10) To clarify the board’s intentions, the following disclaimer will be included on the printed board meeting agenda:

“The invocation that may be offered before the official start of the board meeting will be the voluntary offering of a private citizen, to and for the benefit of the board. The view or beliefs expressed by the invocation or public comment speaker are not endorsed by the board.”

If it appears over time that there is a pattern of invocations that violate this policy, the board will take corrective action. If no invocation speaker is present, then the public invocation will be offered on a voluntary basis by a member of the board, rotating from meeting to meeting, in alphabetical order, or other

BEAA – INVOCATION AT REGULAR SCHOOL BOARD MEETINGS


objective method of rotation, among all members of the board, under Section 6-1-160(B)(1). A board member may offer a moment of silence for silent reflection in addition to or in lieu of the public invocation. A board member’s public invocation will be non-sectarian. The board member offering the public invocation will be guided by the invocations offered by the chaplains of the South Carolina Senate and House of Representatives, conformed to the board. Six public invocations by the Chaplain of the South Carolina Senate are attached as guidance for implementation of this policy. Adopted x/x/xx; Revised x/x/xx, ^ Legal references: A. Constitutional Law:

1. First Amendment to the United States Constitution. 2. South Carolina Constitution, Article I, Section 2.

B. U.S. Supreme Court:

1. Marsh v. Chambers, 463 U.S. 783, 103 S. Ct. 3330, 77 L.Ed.2d 1019 (1983). 2. Town of Greece v. Galloway, 572 U.S. __, 134 S. Ct. 1811 (May 5, 2014).

C. United States Court of Appeals for the Fourth Circuit:

1. Joyner v. Forsyth Co., N.C., 653 F.3d 341 (4th Cir. 2011). 2. Turner v. City Council of the City of Fredericksburg, Virginia, 534 F.3d 352 (4th Cir. 2008). 3. Simpson v. Chesterfield County Board of Supervisors, 404 F.3d 276 (4th Cir. 2005). 4. Wynne v. Town of Great Falls, South Carolina, 376 F.3d 292 (4th Cir. 2004).

D. Statutes:

1. S.C. Code § 6-1-160 (1976).


[DRAFT]

Administrative Rule

SAMPLE PRAYERS

Code BEAA-R Issued ______ Join me as we unite our hearts in prayer. Holy God, we know that the greatest wisdom always comes to those who choose to follow, serve, and honor you. Be with each board member as he or she exercises wisdom today. May these leaders honor you through their debates and votes, and may the results of their decisions truly benefit the people of our community. Indeed, O God, bless our troops around the globe and stateside. Help every one of us to serve wisely and faithfully. In your loving name we pray, dear Lord. Amen.

[Drawn from South Carolina Senate Prayer based on Proverbs 8:17 and delivered on July

18, 2012]

Let’s join our hearts in this time of prayer. Holy God, one of our great traditions is the sharing of perspectives and ideas, the challenge of debate, the discovery of new directions. We sincerely thank you, Lord, for the wisdom each member of this board brings to our meetings. Continue to enrich us by the gifts brought by each of these leaders. We celebrate their dedication and the collective concern of each individual. Bless them all, and use their gifts in meaningful fashion. In our Lord’s name we pray. Amen.

[Drawn from South Carolina Senate Prayer based on Proverbs 16:23 and delivered on

February 29, 2012] Good friends, let us bow in prayer. Holy God, the gifts of wisdom and understanding are so important and precious. They are qualities that have always had the power to make a profound difference in the world. Thus, O Lord, we ask that you grant new portions of these very gifts to each of these board members. After all, the needs and challenges which confront these leaders are formidable. May these leaders join together and rise to the occasion, accomplishing great good for everyone. This we humbly pray in your name, O Lord. Amen.

[Drawn from South Carolina Senate Prayer based on Proverbs 16:16 and delivered on

March 4, 2010]

BEAA-R – SAMPLE PRAYERS


Please, join me as we bow in prayer. Gracious and loving Lord, in this Nation we are richly blessed. The good things of life are available to many; your gifts are great, indeed. Yet even as we acknowledge the comparative wealth we take for granted, we are reminded pointedly—and rightly—of those in our county who have very little. Therefore, O God, we lift up to you this day the disadvantaged, the impoverished, the under-educated. Help us all to have renewed concern for and to be friends of the poor and the needy. May this board celebrate the richness of your blessings, but only as we also reach out to those who have great needs, doing so in your name and to your glory. Amen. [Drawn from South Carolina Senate Prayer based on Proverbs 19:4 and delivered on March 17,

2010] Let us pray. Holy God, we pause to give you thanks today for the dedication and determination of all of your servants who strive to honor you here in this community. Allow each of these board members to demonstrate the power of statesmanship and decorum, to be inspiring examples of caring, positive leadership for every child, woman, and man in this community. May this board always be the beacon of hope and promise and wisdom that leads in the ways you would have us go. In your loving name we pray, O Lord. Amen. [Drawn from South Carolina Senate Prayer based on Proverbs 16:21 and delivered on June 1,

2010]

Prayer for LCI. Holy God, we give thanks for this opportunity to gather as free citizens and to exercise yet again our right to self-government through these elected officials. Help us appreciate and respect the gifts and insights of each of these board members, as well as those who present information and opinions to this board as we fulfill our responsibilities. We solemnly ask for wisdom and sound judgment as we make decisions for the betterment of all of our students, employees, and the community we serve. With grateful hearts we pray. Amen. These prayers are actual invocations offered by the senate chaplain and have been edited to

conform to the school board. Adopted x/x/xx; Revised x/x/xx, ^


Board Agenda Item AGENDA ITEM: VI-D FOR INFORMATION: FOR ACTION: 10/27/14 PREPARED BY: Dr. Stephanie Lackey SUBJECT: Policy – 2nd/Final Reading- GDFAA, GDFAA-AR, GCF, GBC/GBD, GCEAA (Hiring of Retirees) SUPERINTENDENT'S RECOMMENDATION: Approval DISCUSSION: The board voted on the first reading of the policy revisions on September 22. The revised policies will provide the district with procedures for hiring retirees. ATTACHMENT: GDFAA, GDFAA-AR, GCF, GBC/GBD, GCEAA (Hiring of Retirees)

Policy

EMPLOYEE RECRUITMENT/EMPLOYMENT Code GBC/GBD Issued 9/23/02 Purpose: To establish the responsibilities and procedures for recruitment and employment in the school district. The board shall maintain an effective recruitment program designed to attract, secure, and hold the most qualified personnel for all positions in the district. It is the responsibility of the superintendent and of persons delegated by him/her to determine the personnel needs of the school district and to locate suitable candidates to recommend for employment to the board. Through effective administrative procedures, the superintendent shall attract and recommend to the board the employment and retention of personnel who are motivated to do their best work and to be creative from their own inner resources. It shall be the duty of the superintendent to see that persons nominated for employment shall meet all qualifications established by state law, the rules and regulations of the State Board of Education and policies of the board. It is expected that all persons being considered for employment will be able to fulfill the full length of their contract, if applicable. An employee shall be appointed by the board only upon the recommendation of the superintendent. Should a person nominated by the superintendent be rejected by the board, it shall be the duty of the superintendent to make another nomination. Race, creed, color, national ancestry, religion, sex, age, handicapped status, or veteran status shall not be considered in appointment, assignment, or promotion. The process of staff selection or promotion shall be free from pressures considered detrimental to the best conduct of the schools. The use of political, social, or other pressures shall disqualify an applicant from further consideration. It shall be the goal of the district to maintain a ratio of minority persons on each faculty at least equal to the ratio of minority students to the entire student population of the school district. The superintendent shall initiate procedures which shall assure that appropriate records are maintained relative to this goal. The superintendent in every instance will recommend the candidate who, according to the criteria of training, certification, experience, and personal attributes, seems most likely to perform efficiently at the job. Ability to fulfill the responsibilities of the position efficiently as judged by these standards is the sole basis of selection. All certified personnel recommendations, including employment, reassignment, or termination shall be presented to, and acted upon by, the board in executive session. It shall be the policy of the School District of Pickens County to ensure that employees or

GBC/GBD - EMPLOYEE RECRUITMENT/EMPLOYMENT

applicants for employment who are members of the armed services are not treated adversely in employment matters because of such membership. In compliance with the Uniformed Services Employment and Reemployment Rights Act of 1994, the district (1) shall not discriminate against employees or applicants for employment because of their membership or application for membership in the armed services and (2) shall reemploy, in the same or equivalent positions, employees who undergo a period of absence due to military service. Criminal Record History Check A criminal record history check on all new employees must be obtained from S.L.E.D. prior to their initial employment. (See statute below) Based on current practice and adopted 1973; Revised 10/22/84, 1/14/91, 5/22/95, 9/23/02 ---------------------------------------- Constitutional and Statutory Provisions: A. United States Code: 1. 20 U.S.C. Sections 1681-86 - Prohibits discrimination on the basis of sex. 2. 38 U.S.C. - 2012 - The Rehabilitation Act of 1973 - Prohibits discrimination in

hiring based on handicap. 3. 42 U.S.C. 2000(E) et seq. - Prohibits discrimination in hiring based on race, color,

national origin, religion, or sex. B. Code of Federal Regulations: 1. Title 45, Section 86.53 - Prohibits discrimination on the basis of sex. C. S. C. Code, 1976, as amended: 1. Section 59-19-80 - Teaching contracts to be issued in public meeting. 2. Section 59-25-410 - Teachers to be notified of employment status by April 15th. 3. Section 59-26-40 - Prior to the initial employment of a teacher, the local school

district shall request a criminal record history from the South Carolina Law Enforcement Division for the past convictions of any crime listed in Chapter 3 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490.


School District of Pickens County

Policy

HIRING OF RETIREES

Code GCEAA/GCFAA Issued 6/11

Purpose: To establish the basic structure for the hiring of retirees. Persons retired under the South Carolina State Retirement System will not be recommended for rehire or initial employment in any full or part-time, permanent or temporary position in the district unless no suitable applicant for the position in question is found. The board must approve the employment of all state retirees, whether recommended to fill a certified or classified position, and no such employment will be approved for more than one school year or the remainder of the current school year. Positions held by state retirees must be reposted and the above procedures followed for any subsequent school years. Pay scales for state retirees will be approved by the board on an annual basis, consistent with current legislative authority to set retiree salaries at a uniform, reduced rate. The above policy will not be required in cases where state retirees are utilized as substitutes in teaching, custodial, bus driver or food service positions, and consultants who provide staff development. Also, the above policy will not be required for adjunct coaches. Adopted 6/27/11

Policy GCF Professional Staff Hiring New Policy- replacing GBC/GBD and GCEAA

Issued 09/14

Purpose: To establish the basic structure for the hiring of high quality district staff.

Hiring

The district will provide equal employment opportunities to all persons without regard to race, color, creed, sex, disability, age, religion or national origin. The district will make reasonable accommodations for an individual who is otherwise qualified for a position unless the accommodation would impose an undue hardship on the system.

The superintendent will make recommendations to the board for employment. The superintendent or his/her designee will ensure that all persons nominated for employment meet the qualifications and are the most qualified for the particular position. The district will not employ any new teacher or administrator without a personal interview. The superintendent or his/her designee may use a "Letter of Intent" to assure a prospective professional employee of a forthcoming recommendation to be hired. The board will take final action on the employment of professional personnel upon recommendation of the administration.

The superintendent is authorized to hire recommend retired employees to work in the district on an "as needed" basis when their employment would serve the best interests of the school system. In such cases, the superintendent or his/her designee will notify the employee of the at-will status of his/her employment and explain the general salary arrangements in compliance with state law. The continued employment of retired employees will be recommended

annually at the discretion of the superintendent The continued employment of retired employees will be reviewed annually at the discretion of the superintendent, who will make such decisions in the best interests of the district utilizing the procedures outlined in GCF-R. The decision to employ or not employ retired employees is not subject to the district's grievance procedures. State retirees can be utilized as substitutes in teaching, custodial, bus driver or foods service positions without going through the process outlined in GCF-R. State retirees can also be utilized in the following positions without going through the process outlined in GCF-R: substitutes in teaching, ESOL, adult education and homebound and home-based instructional teachers.

State Law Enforcement Division (SLED) background checks

The district will obtain a name-based criminal record history check on all new employees from the State Law Enforcement Division (SLED) prior to their initial employment. The costs for the background checks for new employees will be paid by the state and/or the district.

The district will consider the results of all criminal record history checks on an individual basis and will determine how the information obtained impacts the individual's ability to be an effective employee. When detennining the appropriateness of offering employment to an individual, the administration will give consideration to such things as severity of offense, age of the individual, direct impact of the offense on children, length of time since conviction or plea, restitution, conduct

or remedial actions during probation, and participation in pre-trial intervention and/or expungement.

At a minimum, the district will not employ individuals who have been convicted of or plead guilty to a violent crime as defined in SC Code Ann. Section 16-1-60. Additionally, when making employment decisions, the district will carefully consider information that could result in the revocation or suspension of a professional certificate "for-cause" as defined in SC Code Ann. Section 59-25-160.

National Sex Offender Registry checks

The district will perform a background check on the National Sex Offender Registry, which may be accessed online at no charge, on all new employees, whether employed on a full-time, part-time, regular, interim or temporary basis, and all volunteers, including coaches, mentors, chaperones, and those serving in any other capacity resulting in direct interaction or contact with students.

Individuals whose names appear on the National Sex Offender Registry will not be permitted to serve in the district in any capacity. Additionally, the district will not employ individuals or allow individuals to volunteer in any capacity, who have been required to register as sex offenders pursuant to SC Code Ann. Section 23-3-430. Should an individual whose name appears on the National Sex Offender Registry wish to provide additional information relevant to his/her designation on said registry, the district will consider the matter on a case-by-case basis.

Department of Social Services Child Abuse and Neglect Central Registry

A history report on all new support staff members will also be obtained from the Department of Social Services Child Abuse and Neglect Central Registry prior to their initial employment. A current district employee whose name is placed on the Department of Social Services Child Abuse and Neglect Central Registry at any point during their employment must immediately notify the executive director for human resources.

The Immigration Reform and Control Act of 1986

The Immigration Reform and Control Act of 1986 prohibits employers from hiring individuals not legally eligible to work in the United States. The district will comply with the provisions of the US Immigration and Customs Enforcement Agency (ICE) regulations by requiring employees of the district to complete Form I-9.

All newly hired employees must complete the form no later than three business days following their first working day. If an individual is unable to provide the required document or documents to complete the Form I-9 within the three-day period, the individual must present a receipt for the application of the document or documents within three days of the hire and present the required document or documents within 21 days of the hire.

The district will maintain the completed Form I-9 in a file separate from other personnel records in order to prevent unauthorized review of personnel files and will retain the Form I-9 for three years after the date of hire or one year after the date the individual's employment is terminated, whichever is later.

The district participates in the federal E-Verify program and will verify the employment authorization of each new employee through this federal program.

Vacancies

The administration will generally advertise all job vacancies within the district, when appropriate, unless otherwise determined by the superintendent or his/her designee. It is within the superintendent's or his/her designee's sole discretion to determine whether advertisement of the vacancy is necessary or whether the position may be filled through some other means.

Adopted 7/16/85; Revised 8/18/87,8/18/92,7/15/03,5/17/05,10/18/05,7/18/06, 1/27/09,8/18/10

Legal references:

United States Code:

20 U.S.C. Sections 1681-86- Prohibits discrimination on the basis of sex.

42 U.S.C. 2000e, et seq. -Prohibits discrimination in hiring based on race, color, national origin, religion or sex.

42 U.S.C. 12101, et seq. - Prohibits employment discrimination on the basis of disability.

Public Law 107-110- No Child Left Behind, revised Elementary and Secondary Education Act (ESEA) of 2001, Title 1, Part A, Subpart 1, Section 1119 - Qualifications for teachers and paraprofessionals.

Public Law 99-603 -Immigration Reform and Control Act of 1986.

Public Law 104-208- Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Code ofFederal Regulations:

41 CFR 60-20 (1998) -Prohibits discrimination on the basis of sex.

S.C. Code, 1976, as amended:

Section 1-1-550- School districts shall give preference to employment of honorably discharged veterans.

Section 59-1-510 - Guidelines and regulations for recruitment and hiring staff in professional areas.

Section 59-1-520 - Intervention by State Department of Education for non-compliance.

Section 59-19-80 - Requirements as to purchases and teacher employment (teaching contracts to be issued in public meeting).

Section 59-25-410, et seq.- Employment and Dismissal Act- Teachers to be notified of employment status by April 15th.

Section 59-26-40(M) - Before initial employment of a teacher, the local school district shall request a criminal record history from the South Carolina State Law Enforcement Division for past convictions of any crimes.

Section 59-18-1300- District accountability system.

Section 9-1-2210- Teacher and Employee Retention Incentive Program; operation.

Section 9-1-1790 - Amount which may be earned upon return to covered employment.

South Carolina Illegal Immigration Reform Act (Act 280 of 2008).

Section 16-1-60 -Violent crimes defined.

Section 23-3-115- Fees for criminal record searches conducted for charitable organizations.

Section 23-3-130 -Determination of information to be supplied and methods of evaluation and dissemination; promulgation of rules and regulations.

Section 23-3-430 - Sex offender registry; convictions and not guilty by reason of insanity findings requiring registration.

Section 59-19-117 - Background checks.

Section 59-25-150 and 160- Revocation or suspension of certificate; "just cause" defined.

State Board of Education Regulations:

R-43-205 -Administrative and professional personnel qualifications, duties and workloads.

The School District of Pickens County

Policy GCF-AR Professional Staff Hiring New Administrative Rule

Issued 09/14

Purpose: To establish the basic structure for the hiring of high quality district staff. As stated in policy GCF, the superintendent is authorized to hire recommend retired employees to work in the district on an “as needed” basis when their employment would serve the best interests of the school. The continued employment of retired employees will be at the discretion of the superintendent, who will make such decisions in the best interests of the district utilizing the procedures outlined in GCF-R. In determining if a retiree is eligible for recommendation the superintendent or his/her designee will follow these procedures: The building administrator or the immediate supervisor must submit in writing to the superintendent a letter of recommendation/request to retain the retiree. The letter must state why the immediate supervisor believes this person to be eligible for recommendation. The superintendent will review the letter of recommendation/request to determine if the recommendation/request will be granted.

If granted; the request will be sent to a screening panel of three individuals. The panel will consist of a human resources representative, an Instructional Services representative, and an administrator. The screening panel will review and consider the following data in making a recommendation to the superintendent.

Attendance (the percentage of personal days; sick days, used.) Student Data/Achievement/Growth Personnel File Professionalism (attitude; ability to work with others; adaptability to change) Interview by panel

The screening panel will make a recommendation to the superintendent based on reviewed data.

If the request is not granted by the superintendent, he/she will respond in writing to the immediate supervisor.

Policy GDFAA Hiring of Retirees in Classified/Professional Positions

Issued 9/22/14

Purpose: To establish the basic structure for the hiring of retirees.

Persons retired under the South Carolina State Retirement System will not may be

recommended for rehire or initial employment in any full or part-time, permanent

or temporary position in the district unless no where a suitable applicant for the

position in question is found not able to be found. The board must approve the

employment of all state retirees recommended to fill a certified or classified

position, and no such employment will be approved for more than one school year,

or the remainder of the current school year. Positions held by state retirees must be

reposted and the above procedures followed for any subsequent school years.

Pay scales for state retirees will be approved by the board on an annual basis,

consistent with current legislative authority to set retiree salaries at a uniform,

reduced rate.

The above procedures will not be required in cases where state retirees are utilized

as substitutes in teaching, custodial, bus driver or food service positions, or

classified staff that earn less than $30,000 annually and consultants who provide

staff development.

Adopted 6/27/11

The School District of Pickens County

Policy GDFAA-AR Hiring of Retirees in Classified/Professional Positions New Administrative Rule

Issued 09/14

Purpose: To establish the basic structure for the hiring of high quality district staff. As stated in policy GDFAA, the superintendent is authorized to hire recommend retired employees to work in the district on an “as needed” basis when their employment would serve the best interests of the school. The continued employment of retired employees will be at the discretion of the superintendent, who will make such decisions in the best interests of the district utilizing the procedures outlined in GDFAA-R. In determining if a retiree is eligible for recommendation the superintendent or his/her designee will follow these procedures: The building administrator or the immediate supervisor must submit in writing to the superintendent a letter of recommendation/request to retain the retiree. The letter must state why the immediate supervisor believes this person to be a “suitable applicant”. The superintendent will review the letter of recommendation/request to determine the validity of the request.

The request will then be sent to a screening panel of three individuals. The panel will consist of a human resources representative, a representative of that area, and an administrator. The screening panel will review and consider the following data in making a recommendation to the superintendent.

Attendance (the percentage of personal days; sick days, used.) Performance Personnel File Professionalism (attitude; ability to work with others; adaptability to

change) Interview by panel

The screening panel will make a recommendation to the superintendent based on reviewed data.


Board Agenda Item AGENDA ITEM: VI-E FOR INFORMATION: FOR ACTION: 10/27/14 PREPARED BY: Mr. Clark Webb SUBJECT: Approval of Procurement Audit for July 1, 2012- June 30, 2014 SUPERINTENDENT'S RECOMMENDATION: Approval DISCUSSION: McGregor and Company will be present on Monday night to present the Procurement Audit Report for July 1, 2012- June 30, 2014. ATTACHMENT: Management Representation Letter Audit Report

INDEPENDENT ACCOUNTANT’S REPORT The Board of Education School District of Pickens County Easley, South Carolina We have examined the internal procurement operating policies and procedures of the School District of Pickens County (the “School District”) for the period July 1, 2012 – June 30, 2014. This examination was directed principally to determine whether the procurement procedures, as outlined in the School District’s Procurement Code and Regulations, were in compliance in all material respects. Management is responsible for the School District’s compliance with those requirements. Our responsibility is to express an opinion on the School District’s compliance based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining on a test basis, evidence about the School District’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. Specifically, the scope of our examination included, but was not limited to, a review of the following:

1. The School District’s Procurement Code and Regulations 2. Minority Business Enterprise Utilization Report

July 1, 2012 – June 30, 2013: Goal 10%; Actual 5.3% July 1, 2013 – June 30, 2014: Goal 10%; Actual 2.4%

3. A review of 100% of Sole-Source, Emergency, and Trade-In procurements for the years ended June 30, 2014 and 2013

4. A review of 100% of Ratifications for the period ended July 1, 2012 – June 30, 2014 5. Procurement transactions for the period ended July 1, 2012 – June 30, 2014 as follows:

Seventy (70) randomly selected procurement transactions Two (2) consecutive months of procurement card transactions A block sample of five hundred (500) numerical purchase orders A review of blanket purchase agreements

6. Surplus property procedures 7. Other various control procedures

We believe our examination provides a reasonable basis for our opinion. Our examination does not provide legal determination on the School District’s compliance with the specified requirements. In our opinion, the School District complied, in all material respects, with the aforementioned requirements for the period ended July 1, 2012 – June 30, 2014. However, the results of our procedures disclosed instances of immaterial noncompliance with those requirements that are described in Attachment A. This report is intended solely for the information and use of the Board of Education and management of the School District, the South Carolina Budget and Control Board, Division of General Services, Materials Management Office, and their designees and is not intended to be and should not be used by anyone other than these specified parties.

McGregor & Company, LLP Columbia, South Carolina October 22, 2014

SCHOOL DISTRICT OF PICKENS COUNTY EASLEY, SOUTH CAROLINA

PROCUREMENT EXAMINCATION

PROCUREMENT EXAMINATION FINDINGS – ATTACHMENT A FOR THE YEARS ENDED JUNE 30, 2014 AND 2013

__________________________________________________________________________________________ The School District of Pickens County (the “School District”) has policies and procedures in place to reduce material noncompliance. Although the findings noted below represent immaterial noncompliance, this does not necessarily indicate that fraud risk has been reduced. Our examination of the internal procurement operating policies and procedures of the School District produced the following findings and recommendations with regards to the School District of Pickens County Procurement Code and Regulations (“Procurement Code”) __________________________________________________________________________________________ Finding 1: Our Procurement Code compliance testing, in the areas of Sole-Source and Emergency

Procurements, revealed instances where purchase orders for sole-source procurements were not documented as being issued after sole-source approval.

Recommendation: We recommend that the School District follow the control procedures in place to authorize

sole-source and emergency procurements prior to a purchase order being issued. Response: The School District will follow the established procedures for issuing purchase orders for

sole-source and emergency procurements as defined in the Procurement Code and add date next to signature when signed..

__________________________________________________________________________________________ Finding 2: Our Procurement Code compliance testing, in the area of Sole-Source Procurements,

revealed instances where the sole-source document was not properly approved. Recommendation: We recommend that the School District follow the control procedures in place requiring all

purchase orders initiated by sole-source procurements to be completely approved as sole-source by all designated parties.

Response: The School District will continue to follow established purchase order procedures for sole-

source procurements as defined in the Procurement Code. __________________________________________________________________________________________ Finding 3: Our Procurement Code compliance testing, in the area of Procurement Card Purchases,

revealed one instance where transactions were divided to circumvent internal spending control limits.

Recommendation: We recommend that the School District follow the control procedures in place to not allow

transactions to be divided to circumvent internal spending control limits. Response: The School District will continue training personnel to follow established procedures to ensure

procurement card transactions are not divided to circumvent spending control limits as defined in the Procurement Code

__________________________________________________________________________________________

Procurement Audit Findings – Attachment A Page 2 _________________________________________________________________________________________ Finding 4: Our Procurement Code compliance testing, in the area of Ratification of Unauthorized

Procurements, revealed instances where the ratification form was not properly completed and approved.

Recommendation: We recommend that the School District follow the control procedures in place requiring all

unauthorized procurements to be ratified and approved. Response: The School District will continue to follow established procedures for ratifications of authorized

procurements as defined in the Procurement Code. _________________________________________________________________________________________ Finding 5: Our Procurement Code compliance testing, in the area of General Procurements, revealed

instances where small purchases did not have the proper documentation of quotations wen required.

Recommendation: We recommend that the School District follow the control procedures in place to receive a

minimum of three quotes for small purchases greater than $2,500. Response: The School District will continue to follow the established procedures for small purchases as

defined in the Procurement Code. _________________________________________________________________________________________

date · date: october 23, 2014 to: board of trustees, news media, leadership team from: daniel b....

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