By Marvin G. Cortner
Editor

The attorney for the Osceola County School Board during the board’s regular meeting June 15 reported that she had been “invited” by an investigator to informally discuss conversations she has had with individual board members relating to legal questions.

Suzanne D’Agresta asked board members whether they would want her to disclose the content of those conversations to the investigator voluntarily, essentially waiving the attorney-client privilege, or require the investigator to compel disclosure through a court order or subpoena.

D’Agresta said the School Board has the legal ability to waive the attorney-client privilege but that she would recommend against it. She did not disclose the investigating agency.

Four of five board members – Jay Wheeler, John McKay, David Stone and Marjorie Guillen-Melendez – favored nondisclosure unless compelled to do so. Member Cindy Hartig said that disclosure should be on a case-by-case basis, and that she would favor voluntary disclosure in this case.

McKay, who is board chairman, said disclosure would set a bad precedent. Stone said there are times when board members need to have individual confidential conversations with the board attorney relating to legal issues, so he opposed disclosure as well.

“Once you open up that can of worms, it’s tough to close it,” Wheeler said about disclosure. “We have work to do here; there are too many confidential things we talk about.”

D’Agresta said she would contact the investigator and relay the board’s position and then update the board if she were subpoenaed.

Wheeler, who is seeking re-election in district 1, is currently under investigation by the Florida Commission on Ethics following a complaint filed against him by Tom Long, of St. Cloud, who is currently running for a seat on the School Board but in district 5. Long filed the complaint before entering the School Board race.

A Commission on Ethics investigator several months ago notified Long that he and his staff would be looking into alleged ethics violations, one of which included Wheeler hanging a political sign at a school apparently after being advised by D’Agresta not to do so.

Wheeler also has retained private counsel to represent him against a campaign spending complaint filed by Long with the Florida Elections Commission, alleging Wheeler used political campaign contributions for personal expenses, such as cell phone usage for himself, his wife and his daughter, for gasoline and auto insurance and for cable television, Internet and home phone service.

Following Long’s complaint to the Elections Commission, Wheeler paid back the campaign $735 for cell phone use, $583 for Internet service and $995 for auto expenses.

No tax referendum

Also at the June 15 meeting, the board reached a consensus that it did not intend to ask voters on Nov. 2 whether the district should be allowed to continue to levy a quarter mill property tax for critical operating expenses for two more years.

The Florida Legislature in 2009 authorized districts to levy the tax for two years as a way to cover critical operating or capital expenses. However, to continue the tax another two years would require voter approval by referendum.

Board members generally said the district was in better financial shape than it was two years ago and that to continue the tax would not be a good idea in the face of a continued high unemployment rate in the county as well as the amount of foreclosures. However, board members also said they might reconsider the tax following the next session of the Legislature, if school funding is cut significantly.

District staff will provide additional information on the issue to the board, with a final decision set for the July 13 meeting.

Solar power grants

School officials announced that the district had received two SunSmart Schools Emergency Shelter Program grants from the state to install two, 10,000-watt solar energy electric arrays at district schools.

The photovoltaic arrays, with battery backups to store power, will be installed at Poinciana Elementary and Discovery Intermediate schools and can be used to provide electricity at the schools when main power sources have been interrupted in an emergency, such as during or after a hurricane, and can be used to supply electricity to the schools during normal operations.

The grants, funded with federal stimulus money, also will allow teachers to be trained to teach students about solar power and to train head custodians at the schools on the system’s operation and maintenance.

Ninety schools in 45 Florida counties were chosen for the program based on demographics, emergency shelter needs, partnerships and existing renewable energy education and outreach programs. About $8.5 million of the funding statewide will be used to buy and install the solar power systems while the remaining $1.5 million will go to education and outreach.