Hillsborough County Public Schools Superintendent Office
Action Item

DATE: Tuesday, December 13, 2005
TO: School Board Members
FROM: MaryEllen Elia, Superintendent

SUBJECT / RECOMMENDATIONS

Approve the retention of Lansing C. Scriven to perform legal services at the direction of the Superintendent

EXECUTIVE SUMMARY

Then Superintendent Earl Lennard recommended the dismissal of two teachers employed by the Board. The recommendation has been adopted by the current Superintendent. These dismissals are governed by the Hillsborough Teacher Tenure Act, which entitles the teachers to a hearing before the Board. The legal advisor to the Board is the School Board Attorney. Because of his role as the Board’s legal advisor, the School Board Attorney may not present the case in support of the Superintendent’s recommendation and separate counsel must be retained for the Board. While the Board has adopted a committee structure for the selection of outside counsel, due process requires that the dismissal hearings be held expeditiously, and the hearings for these two teachers have been delayed because of the changes in administration and Board attorney. The Board Attorney therefore recommends retaining Lansing C. Scriven to represent the Superintendent in the two pending teacher dismissal cases, and the matter of outside counsel for future hearings will be submitted to the legal services committee when it is formed. Mr. Scriven is an outstanding, AV (highest) rated lawyer who has been practicing law since 1987. He has extensive litigation experience, including a great number of cases before administrative tribunals. He currently is the president of the Hillsborough County Bar Association and is a sole practitioner. Mr. Scriven has agreed to accept a reduced fee of $200.00 per hour for his services in these two cases.

ANNUAL DISTRICT GOAL(S) AND CRITICAL SUCCESS FACTOR(S)

N/A

FINANCIAL IMPACT (Budgeted: Yes)

EVALUATION

SUBMITTED BY: School Board Attorney



Thomas M. Gonzalez
Attorney
(813) 272-0050
8.01C
Hillsborough County Public Schools (Florida) * Mtg.#20051213_163 * Section E Item# 8.01C