Attorney fee's Wells, Payton April 2012

NON - NEGOTIABLE

TO - WELLS, PEYTON, GREENBERG & HUNT, LLP THE P 0 BOX 3708 ORDER BEAUMONT, TX 77704 OF

89900 BEAUMONT INDEPENDENT SCHOOL DISTRICT 3395 HARRISON AVENUE, BEAUMONT, TX 77706

Account Number Invoice Check Request ID Amount Disc Paid

199.41.6211.70.701.99.000 174020 54,362.78 54,362.78 634.81.6211.00.999.99.000 174020

BEAUMONT INDEPENDENT SCHOOL DISTRICT 3395 HARRISON AVENUE

BEAUMONT, TX 77706

PAY FIFTY FOUR THOUSAND THREE HUNDRED SIXTY TWO DOLLARS AND 78 CENTS

BANK OF AMERICA, N.A. Atlanta, Dagen, County, Georgia 64-1278/611 GA

DATE

04/05/12

CHECK NUMBER

606683

VOID AFTER 90 DAYS

CHECK AMOUNT

****$54,362.78

Selected Position: null Role Name: Admin Assistant Chief Business Officer Fiscal Year 2012 Requestor. Thompson, Lana M Check Request ID: 174020

Vendor. Wells, Peyton, Greenberg & Hunt, Lip 89900

Remit To: P 0 BOX 3708; BEAUMONT, Texas 77704-3708

Invoice Number.

Requestor. 6657- Thompson, Lana M

Route Check: Send to Vendor

Need Separate Check?:

W-9 Status:

Subject to 1099-MISC:

Fiscal Year 2012

Category: Legal Services, Attorneys, lawyers

Supporting Documentation: Inter-Office Mail

Contract(s):

Needed By: 04-05-2012

Event Date: 04-04-2012

Justification: March 2012 Billing

Amount: 2015.00

Amount: 4250.75

Amount: 1300.06

Amount: 755.00

Amount: 60.00

Amount: 4711.34

Amount: 3920.00

Amount: 650.00

Amount: 250.00

Amount: 53.00

Amount: 270.00

Amount: 5100.00

Amount: 20814.63

Amount: 848.66

Amount: 2569,35

Amount: 50.00

Amount: 4053.95

Amount: 791.04

Amount: 1900.00

Total Check Request Amount: $54362.78

Description: Inv 128716 Retainer

Description: Inv 128718 Special Ed

Description: Inv 128719 Misc Litigation

Description: Inv 128721 Personnel

Description: Inv 128722 Contracts

Description: Inv 128723 Redistricing

Description: Inv 128724 Administration

Description: Inv 128725 Prevailing Wage Suit

Description: Inv 128726 US Gen Contract LLC

Description: Inv 128727 Milton, P

Description: Inv 128728 Clay, Earl III

Description: Inv. 128729 Board Governance

Description: Inv 128730 L&L Contractors

Description: Inv 128731 GADV Vs BISD/Morganti

Description: Inv 128732 Forges, Donna

Description: Inv 128733 Western Surety

Description: Inv 128734 Elliot, Garry

Description: Inv 128800 Superintendent Contract

Description: Inv 128720 Bond Issue

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 199.41.6211.70.701.99.000 - 100.0%

Account: 634.81.6211.00.999.99.000 - 100.0%

LAW OFFICES OF Wells, Peyton, Greenberg & Hunt, L.L.P.

550 Fannin, Sixth Floor, Century Tower, 77701 P.O. Box 3708

Beaumont, Texas 77704-3708 (409) 838-2644

Facsimile: (409) 838-4713

April 1, 2012 Beaumont I.S.D. 3395 Harrison Beaumont, Texas 77706

File #: 100439-0 Inv #: 128716

RE: Retainer

DATE DESCRIPTION HOURS AMOUNT LAWYER

Total Fees:

0.50 100.00 MC

0.50 100.00 - NW--

0.75 150.00 NH

3.50 700.00 MC

0.25 50.00 MC

3.00 600.00 NH

300.00 MC

8.50 $2,000.00

Mar-01-12 Receipt and review of e-mails re: fence encroachments (x2)

Reviewed Lone Star Sport Agreement and phone conference with athletic director.

Mar-02-12 Research on background of sports entity and manager.

Mar-15-12 Preparation for and attend board meeting

Mar-26-12 E-mail district re: postings

Mar-30-12 Reviewed documents provided by the organization, started drafting the certificate of formation for filing with the Texas Secretary of State, drafterd e-mail correspondence to board of directors about need for name of resident agent

Apr-01-12 Per Retainer Agreement- MC

--

100439-0 Invoice #: 128716

• DISBURSEMENTS

Messenger Service

Total Disbursements:

Total Charge for this Invoice: Previous Balance Previous Payments

April 1, 2012 Page 2

15.00

$15.00

$2,015.00 2,003.00 2,003.00

ATTORNEY HOURS RATE FEE

Melody Chappell 4.25 $200.00 $1,150.00

Nancy Hart 4.25 $200.00 $850.00

TOTAL BALANCE NOW DUE $2,015.00

LAW OFFICES OF

Wells, Peyton, Greenberg & Hunt, L.L.P. 550 Fannin, Sixth Floor, Century Tower, 77701

P.O. Box 3708 Beaumont, Texas 77704-3708

(409) 838-2644

Facsimile: (409) 838-4713

Beaumont I.S.D. 3395 Harrison Beaumont, Texas 77706

RE: Special Education

April 1, 2012

File #: 100439-82

Inv #: 128718

HOURS AMOUNT LAWYER

0.50 100.00 NH

0.50 100.00 NH

0.25 50.00 NH

0.25 50.00 NH

0.25 50.00 NH

0.25 50.00 NH

0.25 50.00 NH

DATE DESCRIPTION

Mar-02-12 Reviewed due process complaint for first child.

Reviewed due process complaint for second child.

Email correspondence with co-counsel about notice of procedural safeguards for 2012.

Phone conference with special ed department regarding need for January 2012 procedural safeguards.

Received and reviewed procedural safeguards to make sure the last page had the required information and emailed to co-counsel.

Receipt, review and response to parent's attorney regarding whether the district wants to waive resolution session and go forward with mediation.

Mar-07-12

Receipt and review of email from BISD regarding information needed by insurance carrier.

100439-82 Invoice #: 128718 April 1, 2012 Page 2

0.25 50.00 NH

0.25 50.00 NH

0.75 150.00 NH

1.75 350.00 NH

0.75 150.00 NH

0.25 50.00 NH

1.75 350.00 NH

1.00 250.00 BP

0.50 100.00 NH

0.25 50.00 NH

0.25 50.00 NH

0.25 50.00 NH

0.25 50.00 NH

0.25 50.00 NH

0.25 50.00 NH

2.00 400.00 NH

Gathered information for form and emailed back to BISD.

Mar-09-12 Receipt, review and response to email from co-counsel regarding request by parents for mediation.

Mar-12-12

Receipt and review of new due process complaint.

Receipt, review and response to seventeen emails from mediator, opposing counsel, and co-counsel regarding scheduling mediation

Mar-13-12

Receipt and review of scheduling order and correspondence from hearing officer.

Receipt and review of notice of appearance.

Receipt review and response to sixteen emails from mediator, co-counsel, opposing counsel regarding scheduling of mediation.

Mar-14-12

Attend scheduling conference relative to A---- case.

Pre hearing phone conference.

Receipt and review of correspondence and two revised scheduling orders.

Phone conference with Vincent Middle School regarding need for school records, need to talk to diagnostician and teacher.

Email correspondence to Special Ed supervisor regarding Need for special ed records.

Email correspondence to BISD regarding need to report to insurance carrier and ask to have Henslee Schwartz appointed as counsel.

Phone conference with Vincent Middle School principal regarding records request and information he may know about the student.

Receipt, review and response to two emails from co-counsel regarding records.

Mar-15-12 Receipt, review, and response to eleven emails from co-counsel and BISD person that handles

100439-82 Invoice #: 128718 April 1, 2012 Page 3

0.25 50.00 NH

0.25 45.00 NH

0.25 50.00 NH

0.25 50.00 NH

0.25 50.00 NH

5.00 1,000.00 NH

0.50 100.00 NH

0.25 50.00 NH

0.25 50.00 NH

0.25 50.00 NH

0.25 50.00 NH

0.25 50.00 NH

21.00 $4,245.00

insurance issues for coverage on due process complaints.

Mar-16-12 Receipt review and response to email from BISD person handling insurance carrier issues regarding need for another copy of due process complaint.

Mar-21-12 Reviewed response to due process complaint and prior written notice.

Mar-23-12 Receipt, review and response to email from co-counsel regarding issues with Chartis Insurance.

Mar-26-12 Receipt review and response to two emails from BISD insurance person regarding questions from Chartis

Mar-27-12 Receipt, review and response to email from co-counsel regarding records.

Mar-28-12 Attended mediation at BISD.

Receipt and review of several emails from co-counsel and opposing counsel regarding typo on settlement agreement and how to fix.

Mar-29-12 Phone conference with Student's teacher regarding student's work that needs to be produced.

Receipt and review of email regarding type on settlement agreement.

Receipt and review of correspondence from hearing officer and order of dismissal regarding first child.

Receipt and review of correspondence from hearing officer and order of dismissal regarding second child.

Receipt and review of corrected settlement agreement.

Total Fees:

DISBURSEMENTS

100439-82 Invoice #: 128718

Postage




5.75

$5.75

$4,250.75 903.00 903.00


Bruce Partain 1.00 $250.00 $250.00

Nancy Hart 20.00 $200.00 $3,995.00


LAW OFFICES OF



(409) 838-2644 Facsimile: (409) 838-4713


April 1, 2012

File #: 100439-83

Inv #: 128719

RE: Misc. Litigation


Mar-01-12 Reviewed additional records produced by 1.50 300.00 NH BISD in response to subpoena duces tecum (Hawkins v. Carter lawsuit), redacted identifying student information.

Mar-06-12 Receipt and review of letter re: personnel investigation

0.25 50.00 MC

Mar-07-12 Receipt and review of coverage letters re: 0.50 100.00 MC Smith litigation and Arfeen (x2)

(Ralph Arline) Review correspondence from 0.50 90.00 SB Arline's counsel re: issues pertaining to the complaint and response to same; prepare correspondence to BISD re: documentation needed to respond to letter.

Mar-08-12 Examine letter from Karen Neild attorney to 0.25 60.00 TTH TEA.

(Ralph Arline) Discuss with Personnel office that only high school location has the required documents; prepare correspondence to high school principal re: documentation needed.

0.50 90.00 SB

Mar-09-12 Telephone conference with attorney re: 0.50 100.00 MC

100439-83 Invoice #: 128719


per§onnel record request; receipt and review of letter re: intent to sue

Mar-12-12 Receipt and review of status report (Smith)

Mar-13-12 Receipt and review of notice of counsel and notice of claim

Mar-14-12 Prepare correspondence to District re: fourth request for documents from principal; receive and review same.

Mar-23-12 Final review of records produced per subpoena duces tecum for April Hawkins v. Sharon Carter litigation.

Total Fees:

DISBURSEMENTS

Photocopies


0.25 50.00 MC

0.50 100.00 MC

0.50 90.00 SB

1.25 250.00 NH

6.50 $1,280.00

20.06

$20.06

Total Charge for this Invoice: $1,300.06 Previous Balance 4,109.10 Previous Payments 4,109.10


Melody Chappell 2.00 $200.00 $400.00

Tanner T. Hunt 0.25 $240.00 $60.00

Nancy Hart 2.75 $200.00 $550.00

Sarah Frasher 1.50 $180.00 $270.00


LAW OFFICES OF



(409) 838-2644 Facsimile: (409) 838-4713

Beaumont I.S.D. April 1, 2012 3395 Harrison Beaumont, Texas 77706

File #: 100439-138

Inv #: 128721

RE: Personnel


Mar-08-12 Telephone conference with Ms. Comeaux 0.25 50.00 MC

Telephone conference with administration re: 1.00 200.00 MC personnel issue; telephone conference with Chief; receipt and review of records for attorney request

(Childs) Receive and review correspondence 0.50 90.00 SB from District re: Childs; prepare correspondence to counsel re: Childs; follow-up conference call re: same.

Mar-09-12 (Childs)Prepare correspondence to District to 0.50 90.00 SB discuss with co-counsel on board agenda item as per co-counsel; receive and review correspondence from District re: same.

Mar-12-12 Telephone conference with Chief Duncan (x2); 0.50 100.00 MC telephone conference with employee attorney

Mar-14-12 Research the Education Code requirements for 1.25 225.00 SB non-renewal; prepare Notice of Proposed Non-renewal of Employee.

Total Fees: 4.00 $755.00

100439-138 Invoice #: 128721


ATTORNEY

Total Charge for this Invoice:

Previous Balance

Previous Payments

$755.00 630.00

630.00

HOURS RATE FEE

Melody Chappell 1.75 $200.00 $350.00

Sarah Frasher 2.25 $180.00 $405.00

TOTAL BALANCE NOW DUE $755.00

LAW OFFICES OF



(409) 838-2644 Facsimile: (409) 838-4713

Beaumont I.S.D.

3395 Harrison Beaumont, Texas 77706

April 1, 2012

File #: 100439-146

Inv #: 128722

RE: Contracts


Mar-12-12 Hazel & 7th Property: Review appraisal report, email message to Mr. Zingelmann sending appraisal report and asking if he was ready to negotiate offer with owner

0.25 60.00 PD

Total Fees: 0.25 $60.00

Total Charge for this Invoice: $60.00 Previous Balance 900.00 Previous Payments 900.00

ATTORNEY

HOURS RATE FEE

Phil Dunlap 0.25 $240.00 $60.00

TOTAL BALANCE NOW DUE

$60.00

LAW OFFICES OF



(409) 838-2644 Facsimile: (409) 838-4713

Beaumont I.S.D.


File #:

Inv #:

April 1, 2012

100439-147

128723

RE: Redistricting


Mar-01-12 Revised memo on redistricting. 4.00 900.00 BW

Telephone conference with demographer; draft letter to district with update

0.50 100.00 MC

Mar-02-12 Made revisions to redistricting memo. 4.50 1,012.50 BW

Mar-05-12 Revisions to memo on Section 5 Submission and Redistricting.

4.60 1,035.00 BW

Mar-06-12 Revised memo regarding new election scheme and Section 5 Submission.

1.00 225.00 BW

Mar-19-12 Review DOJ research and review previous map scenarios; receipt and review of questions re: precinct changes

3.50 700.00 MC

Mar-29-12 Telephone conference with demographer; conference with demographer; prepare for and attend special meeting

3.50 700.00 MC

Total Fees: 21.60 $4,672.50

DISBURSEMENTS

100439-147 Invoice #: 128723

Overnight Courier


38.84


$38.84


$4,711.34 17,622.13 17,622.13


Boyd Wells 14.10 $225.00 $3,172.50

Melody Chappell 7.50 $200.00 $1,500.00


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•

LAW OFFICES OF



(409) 838-2644 Facsimile: (409) 838-4713


File #:

Inv #:

April 1, 2012

100439-167

128724

RE: ADMINISTRATION


Mar-05-12 Telephone conference with Superintendent re: bond issue

0.25 50.00 MC

Mar-06-12 Telephone conference with administration re: 1.00 200.00 MC Lone Star Sport contract; telephone conference re: personal leave

Mar-08-12 Conference with Superintendent and administration staff

2.00 400.00 MC

Mar-09-12 Telephone conference with Ms. Comeaux re: personnel nonrenewal; conference with administration

2.00 400.00 MC

Mar-13-12 Conference with Superintendent 3.50 700.00 MC

Mar-14-12 Office conference with Superintendent; draft notice of proposed nonrenewal; telephone conference with President

4.00 800.00 MC

Mar-15-12 Telephone conference with administration (x2) 0.50 100.00 MC

Mar-16-12 Conference with administration re: miscellaneous litigation issues

3.00 600.00 MC

Mar-26-12 Telephone conference with Superintendent; 0.75 150.00 MC

100439-167 Invoice #: 128724


telephone conference with business office; receipt and review of e-mail re: same; receipt and review of response from Attorney General on various e-mails

Mar-27-12 Receipt and review of e-mail re: FOIA request; 1.00 200.00 MC conference with Craig re: same

Mar-28-12 Receipt and review of e-mail re: FOIA request 0.25 50.00 MC from Craig

Receipt and review of Attorney General's 1.50 270.00 AH decision re: emails to and from Dr. Thomas and to and from Jessie Haynes; review documents and comments made by Attorney General; telephone conference with Jessie Haynes re: AG's decision; draft letter to Jessie Haynes re: same; draft letter to Jerry Jordan re: responsive documents covered by the Public Information Act; review and redact documents submitted to Jerry Jordan

Total Fees: 19.75 $3,920.00

Total Charge for this Invoice: $3,920.00 Previous Balance 1,250.00 Previous Payments 1,250.00


Melody Chappell 18.25 $200.00 $3,650.00

Ann Holland 1.50 $180.00 $270.00


LAW OFFICES OF



(409) 838-2644 Facsimile: (409) 838-4713

Beaumont I.S.D.


April 1, 2012

File #: 100439-197

Inv #: 128725

RE: Prevailing Wage Suit


Mar-20-12 Review Third Amended Petition, Motion to 1.25 250.00 SB Dismiss, and First Amended Motion to Withdraw in preparation of hearing on same.

Mar-21-12 Attend hearing on Motion to Withdraw and 2.00 400.00 SB Motions for Continuance; meeting with court clerk to reset trial date and Motion for Summary Judgment hearing date; prepare memo on hearing outcome; review court file and determine if further action is needed.

Total Fees: 3.25 $650.00

Total Charge for this Invoice: $650.00 Previous Balance 111.00

Previous Payments 111.00


Sarah Frasher 3.25 $180.00 $650.00

TOTAL BALANCE NOW DUE

$650.00

Attorney fee's Wells, Payton April 2012

Documents

subpoena duces

mc mc sb

check request

due process

nh nh nh

settlement

total fees

nh nh