Bias trial focuses on school costs

Construction expenses misrepresented, witness testifies

The former chief financial officer for the Pulaski County Special School District testified in federal court on Tuesday that the district “misrepresented” construction costs at a pair of schools that figured into the district’s long-running desegregation case.

The testimony came before jurors in the federal race and sex discrimination lawsuit against the district by Janice Warren, assistant superintendent for equity and pupil services.

Warren claims the School Board passed over her application for superintendent out of retaliation for her disclosure of disparities in construction between Mills High School and Robinson Middle School.

Warren, who is represented by attorneys Sarah Howard Jenkins and Austin Porter Jr., is seeking more than $35 million in damages plus back pay, attorney fees and other costs after being passed over for consideration by the board in 2017.

Jay Bequette and Cody Kees are representing the school district and board members. U.S. District Judge Brian Miller is presiding over the case. Once all evidence is presented the case will go to the four men and four women selected as jurors to hear the case.

Warren alleged that she was passed over for the superintendent’s position after she spent a year as interim superintendent following the board’s dismissal of former Superintendent Jerry Guess in July 2017 over his refusal to fire the district’s legal team.

When the permanent position was opened in 2018, Warren applied and despite being recommended for an interview, the board elected to choose from three male candidates, all of whom had less experience than Warren.

Shortly after she took over as interim superintendent, Warren disclosed disparities in construction of the new Robinson Middle School, built in predominately white western Pulaski County, and Mills High School, built in southeast Pulaski County, which has a large Black population.

A tour of the two campus field houses showed that the middle school facility was larger, more spacious and had better amenities than the high school field house, although both were supposedly budgeted the same, court documents said.

Warren reported the disparities to the School Board and the district’s attorney, who in turn notified Chief U.S. District Judge D. Price Marshall Jr., the presiding judge in the long-running desegregation case.

On Tuesday, Denise Palmer, the former chief financial officer for the district, testified costs were shaved for the Mills High School project. She said about $5 million was trimmed through “value engineering,” a cost saving measure that substitutes cheaper materials and fixtures and omits some features.

Court documents noted that Mills High School was downsized from capacity for 750 students to 700, classrooms were shrunk to the state minimum and hallways were downsized, among other modifications.

“The amount that was presented to the board as the cost of the projects was not the true cost of the projects,” Palmer said Tuesday. She said the projects were presented by former Director of Operations Derek Scott.

“You said the true cost was not presented to the board,” said Jenkins. “Was it a miscalculation, or…”

“A misrepresentation,” said Palmer, following a lengthy pause. “Out of those choices, a misrepresentation.”

Guess and current Superintendent Charles McNulty also testified on Tuesday. Both men praised Warren’s knowledge, abilities and dedication to the district.

Asked about Warren’s expenditure of $7,000 on new paint and furniture for the superintendent’s office after being named interim superintendent, Guess said his focus during his tenure was the students. He said when he was hired as superintendent following the state takeover of the district in 2011 he was given three mandates: to return the district to fiscal stability, adhere to desegregation requirements and return the district to unitary status.

Although the office furniture was aging and his desk sitting on bricks, Guess said he wasn’t bothered about the furniture.

“The last place I spend money is on the superintendent’s office,” he said.

Testimony in the trial resumes Thursday at 8:30 a.m.