January 22, 2018 at 5:00 PM - Closed Session
Agenda |
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I. Superintendent Evaluation
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I.A. Welcome
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I.B. Roll Call
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I.C. Pledge of Allegiance
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I.D. Approval of Agenda
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II. Communications, Petitions and Delegations
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III. Move into Close Session
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III.A. To consider the Sale/Lease of District Property
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III.B. Report on Pending Litigation by General Counsel
Closed Meetings: The law provides for closed meetings in a few specified circumstances. In order for a public body to hold a closed meeting, two-thirds of its members must vote affirmatively in a roll call. Also, the purpose for which the closed meeting is being called has to be stated in the meeting when the roll call is taken. Closed meetings may be called without a two-thirds vote for the following reasons: (1) considering the dismissal, suspension or disciplining of, or to hear complaints or charges brought against a public officer, employee, staff member or individual when the person requests a closed hearing; (2) considering the dismissal, suspension or disciplining of a student of a public school when the student or guardian requests a closed hearing;) strategy and negotiation sessions necessary in reaching a collective bargaining agreement when either party requests a closed hearing; and (4) partisan caucuses of the State Legislature. (5) for a compliance conference the department of commerce conducts under MCL §333.16231, concerning an investigation of certain licensed medical professionals. (6) to conduct searches for a university president, until the board has narrowed the search to 5 candidates. (7) to consider a periodic personnel evaluation of a public officer, employee, staff member, or individual agent, if the named person requests a closed hearing. Other reasons a public body may hold a closed meeting are: (1) to consider the purchase or lease of real property; (2) to consult with its attorney about trial or settlement strategy in pending litigation, but only when an open meeting would have detrimental financial effect on the public body’s position; (3) to review the contents of an application for employment or appointment to a public office when the candidate requests the application to remain confidential. However, all interviews by a public body for employment or appointment to a public office have to be conducted in an open meeting; and (4) to consider material exempt from discussion or disclosure by state or federal statute. MCL § 15.268, Closed sessions; permissible purposes, states as follows: A public body may meet in a closed session only for the following purposes: (d) To consider the purchase or lease of real property up to the time an option to purchase or lease that real property is obtained. The Michigan Attorney General (AG) has opined that generally a public body may not hold a closed session for the purpose of discussing the disposition of real property by sale or lease. Op Atty Gen, March 21, 1978, No. 5284. However, the AG has also opined that a public body may meet in a closed session to direct its agents as to their limits in negotiating for the purchase of real property. Op Atty Gen, September 7, 1978, No. 5364. Since there are real estate matters the District's broker needs guidance from the Board, viz-a-viz limits to guide the District's agents in negotiations, a closed session is in order. |
IV. Action Item
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V. Board Comments and Announcements
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VI. Adjournment
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