Case 2:08-cv-00575-GLF-NMK Document 75-4 Filed 01/14/10 Page 1 <strong>of</strong> 4 Exhibit C
Case 2:08-cv-00575-GLF-NMK Document 75-4 Filed 01/14/10 Page 2 <strong>of</strong> 4 A special meet<strong>in</strong>g <strong>of</strong> the Mount Vernon Board <strong>of</strong> Education was held <strong>in</strong> the Mount Vernon Middle School library on June 20, 2008 at 1:00 p.m. Mr. Watson called the meet<strong>in</strong>g to order. Roll call <strong>of</strong> the Board Members with the follow<strong>in</strong>g present: Dr. Bennett, Mrs. Fair, Mrs. Goetzman, Mr. Hughes and Mr. Watson. Mrs. Goetzman moved, seconded by Dr. Bennett, to approve the follow<strong>in</strong>g: Approval <strong>for</strong> Tax Abatement <strong>for</strong> Rolls Royce Approve the tax abatement <strong>for</strong> Rolls-Royce, Mount Vernon. They are request<strong>in</strong>g a one hundred percent (100%) real property tax exemption <strong>for</strong> a period <strong>of</strong> 15 (fifteen) years. Call <strong>of</strong> votes: Mrs. Goetzman, Yes; Dr. Bennett, Yes; Mrs. Fair, Yes; Mr. Hughes, Yes; Mr. Watson, Yes. Motion carried. Mrs. Goetzman moved, seconded by Dr. Bennett, to recess to Executive Session to discuss personnel. Call <strong>of</strong> votes: Mrs. Goetzman, Yes; Dr. Bennett, Yes; Mrs. Fair, Yes; Mr. Hughes, Yes; Mr. Watson, Yes. Motion carried. All Board Members present returned from Executive Session. Mrs. Fair <strong>motion</strong>ed, seconded by Mr. Hughes, to approve the resolution <strong>of</strong> Intent to Consider the Term<strong>in</strong>ation <strong>of</strong> the Teach<strong>in</strong>g Contract(s) <strong>of</strong> John Freshwater as follows: INTENT TO CONSIDER THE TERMINATION OF THE TEACHING CONTRACT(S) OF JOHN FRESHWATER. WHEREAS, the Super<strong>in</strong>tendent has received compla<strong>in</strong>ts about conduct by Mr. John Freshwater endanger<strong>in</strong>g and <strong>in</strong>jur<strong>in</strong>g students and about the failure <strong>of</strong> Mr. Freshwater to teach the prescribed curriculum; and WHEREAS, Mr. Freshwater is employed by the Board <strong>of</strong> Education as an eighth grade science teacher at Mount Vernon Middle School; and WHEREAS, the Board reta<strong>in</strong>ed counsel and requested a complete <strong>in</strong>vestigation <strong>of</strong> the charges aga<strong>in</strong>st Mr. Freshwater by a neutral, outside party; and WHEREAS, an <strong>in</strong>vestigation was completed and a report <strong>of</strong> the <strong>in</strong>vestigation was provided to the Board on June 19, 2008; and (1) WHEREAS, <strong>in</strong> December 2007, Mr. Freshwater used a high frequency generator, Model BD10A manufactured by Electro-Technic Products, Inc., to mark the shape <strong>of</strong> a cross <strong>in</strong>to the arm <strong>of</strong> eighth grade students; at least one <strong>of</strong> which received red welts, blister<strong>in</strong>g, swell<strong>in</strong>g and blanch<strong>in</strong>g <strong>in</strong> the surround<strong>in</strong>g area; (a) The <strong>in</strong>structions <strong>for</strong> Model BD10A clearly <strong>in</strong>dicate one should “[n]ever touch or come <strong>in</strong> contact with the high voltage output <strong>of</strong> this device” and Mr. Freshwater knew or should have known the manufacturer’s advice regard<strong>in</strong>g proper use <strong>of</strong> the science <strong>in</strong>strument; and (b) Mr. Freshwater branded a religious symbol on the sk<strong>in</strong> <strong>of</strong> some eighth grade students. The mark has lasted as long as 3-4 weeks on at least one student who described the area as “very pa<strong>in</strong>ful”; and