Clinton County Board of Education held a special called meeting at noon on Thursday, February 19, with all members present.
The meeting agenda listed a pair of items in relation to the development of and eventual request for proposal for a new school board attorney.
However, following the sometimes heated discussion on the need for a request for proposal, the 50 minute meeting ended with the board back to ‘square one’ in its attempt to retain a legal advisor.
It was also revealed during the conversations that apparently three school board members are currently under an investigation by the OEA (Office of Education Accountability).
The meeting began in a normal fashion, with Superintendent Wayne Ackerman presenting the board with a draft RFP (Request for Proposals) from Rowan County.
He told the board the document had been put together by a Bowling Green law firm and was used as a guideline in the hiring process for approximately 51 school districts.
Ackerman said the criteria listed in the Rowan County draft included the responsibilities and duties of an attorney and felt a local proposal request should also include terms and salary expected of an attorney.
The situation of needing a new board attorney first arose in January when the board failed to renew the contract of Winter Huff for a one year period, with members questioning the process of hiring someone.
Huff, who was paid $175 per hour while actually doing board work, has been the Clinton County School Board legal advisor since 2019. Her contract ended at the end of last year.
Board member Andrew Tallent said he was confused on the RFP and asked if there wasn’t already a policy in place. “Why don’t we just go by what the policy says. Do we have to have (an RFP)?” he asked.
The superintendent said if they didn’t have one, the position would be just like a job opening, with no expectations, but an RFP would fill in answers the board has up front. “It helps protect the board,” he added, saying having an RFP was common practice.
He continued, “The board has to know what they are looking for” in an attorney, but it was noted that a Request for Proposal prior to hiring one is not mandatory.
Board member Bobbie Stone said she had talked with a state official who said it would be reckless to hire an attorney without asking for an RFP.
The meeting turned a little tense from that point on, with board member Jeremy Fryman saying, in response, “Does he know we are being investigated by the OEA.
Stone said the person she talked to was a KSBA (Kentucky School Board Association) attorney.
Fryman said there had been some statements made…that should not have been made at meetings.
Stone also said the KSBA attorney said the school board attorney “could not represent individual” board members. However, Fryman apparently disagreed.
Tallent, in discussing the RFP, said he was led to believe it was mandatory, but it’s not.
Fryman then said he had talked to two other attorneys about the situation, noting neither had anything to do with wanting the local position.
Superintendent Ackerman then suggested, “Let’s step back, let citizens know we are looking for the right person.”
Fryman said he felt a new board attorney could assist board members in the OEA investigation, but other members claim they could not.
Board member Fryman also said he had some trust issues with Attorney Huff. He alleged that at one meeting, a (board) member had slapped the table and said I got him fired…in front of the attorney.
This led to a brief exchange of what was said during that particular incident in question, and at one point Chairwoman Leslie Stockton said, “I did not say that.”
Fryman asked if there was a recording, either video or audio of board meetings. However, school board meetings are not recorded.
Stockton later inferred she could possibly have grounds for alleged libel for the statement her fellow board member made.
Following the meeting, Fryman told the NEWS it was not his intent to libel or hurt anyone by any statements he had made.
Fryman then asked how long (the process) would take if the board chose to seek Request for Proposals.
It was noted the RFP would have to be advertised for at least seven days, with Ackerman recommending 10 to 14 to allow applicants to submit full proposals and bring in applications.
Stone asked, “Wouldn’t you want to take applications and get the best you could get?” She also recommended adding a clause including a new attorney hire having no type of conflict of interest.
Board member Tallent said he had rather just bypass the RFP and run an advertisement for applications under the board’s current policy, and he also stated the policy number.
It was noted, however, that to go that route, the board would have to have another special call meeting and give 24 hours notice to the public since that item was not listed on last week’s agenda.
Following the long discussion, Stone eventually made a motion to approve the RFP, with Stockton seconding the motion. However, it failed 3-2 with board members Fryman, Tallent and Vik Soma voting no.
Chairperson Stockton then said she would like to go on record as noting the three board members under investigation refused the RFP and wasted taxpayer money.
She further stated, “I don’t know who filed the complaint (against the board members) with the OEA.
The nature of any allegations being investigated is not known at this time.
Tallent said, “I feel like we are under attack every time we come in here.”
Superintendent Ackerman said Attorney Huff had advised him she could not represent individual board members in cases.
Fryman concluded the discussion by saying if the OEA went to every (school) district, they could find many things.
With no further items on the agenda and no other motions made, the meeting was adjourned and no meeting date to discuss the board attorney position was scheduled as of press deadline.
The next regular meeting of the school board will be held Monday, March 16, at 5 p.m. at the ECC (Early Childhood Center).
Superintendent, board chair, issue statements regarding investigation
The Clinton County News spoke with Clinton County Schools Superintendent Tuesday morning concerning the revelations that three members of the Clinton County Board of Education are currently under investigation by the Office of Education Accountability, a branch of the Kentucky Legislative Research Commission.
Superintendent Wayne Ackerman noted that he was under the understanding that the Office of Education Accountability had concluded its portion of the current investigation and had turned the matter over to the Kentucky Attorney General.
“This is obviously a situation of concern, but I respect the process,” Ackerman said. “This situation is in the hands of the Attorney General’s office and I would refer all questions to them.”
Ackerman further stated that he couldn’t comment on the situation surrounding any current ongoing investigation, adding that as far as the school system faculty and staff are concerned, going forward would be business as usual.
“I’m going to come to work everyday and do the best I can for the students and families in Clinton County,” Ackerman said. “Our teachers and all support staff are going to do the same thing. I have no control over this other situation.”
The Clinton County News has reached out to the Kentucky Attorney General’s office to learn more details concerning the ongoing investigation into the Clinton County Board of Education members, but had not received a response to its questions at press time.
Board Chair Stockton issues statement
Clinton County Board of Education Chairperson Leslie Stockton contacted the Clinton County News Tuesday morning regarding the ongoing investigation, and issued the following statement via email in regards to the situation:
“To my knowledge, the Office of Education Accountability has completed an investigation and has referred the matter to the Kentucky Attorney General’s office for disposition. I would like to reiterate that the Board as an entity is not and has not been under investigation, and I will continue to show up and do my very best to make the best wise decisions for the students and staff of the Clinton County School District.”