August 23, 2016 at 6:00 PM - Board of Education Regular Meeting
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1. LPS BOARD OF EDUCATION INFORMATION
Rationale:
 Notice of the time and place of the Lincoln Board of Education meeting was e-mailed to an extensive list of local and regional news media. A mailing list is maintained at the Lincoln Public Schools District Office. A public notice was published in the LINCOLN JOURNAL STAR.
The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools. |
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2. CALL TO ORDER
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3. ROLL CALL
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4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION
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5. APPROVAL OF MINUTES
Rationale:
The attached minutes are intended to accurately reflect the action of the Board at its previous meetings.
Explanation The minutes have been prepared for Board approval.
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6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
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6.1. Student Celebration: LPS Student Serve
Rationale:
LPS StudentServe: Student Serve is a student-led, district-wide initiative committed to instilling civic responsibility and preserving democratic ideology in students by promoting behaviors of good citizenship in their local, national and global communities. Ojus Jain, Lincoln East High School Faith Irvine, Lincoln East High School
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7. PUBLIC COMMENT
Rationale:
In keeping with Board Policy 8420:
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8. CONSENT AGENDA
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8.1. Human Resources Matters
Rationale:
The Human Resources Division also includes the Office of Risk Management. As such, in addition to the Lincoln Board of Education approving all contractual agreements with employees, all employee benefit issues, all personnel actions, and all other matters within the scope of the Human Resources Division, as part of the Human Resources Matters agenda; the Lincoln Board of Education also must approve the settlement of Workers’ Compensation claims, take action on tort claims filed against the district, and take action on all other matters within the scope of the Office of Risk Management. Explanation This report includes routine Human Resources changes: a. Certificated Employees: Elections – 15 Re-Elections Same Assignment – 7 Re-Elections New Assignment – 2 Changes of Status – 7 Leaves of Absence – 8 Separations – 4 b. Substitute Certificated Employees: Elections – 15 Changes of Status – 1 Separations – 11 c. Classified Employees: Elections – 140 Changes of Status – 17 Separations – 106 d. Other: Employment of Family Members – 1 Workers' Compensation Lump Sum Settlements – 1 Proposal That the Board approve the Human Resources items presented in the attachment(s).* *The information in the attachment(s) may be protected by privacy legislation until the Board of Education takes action on the staff recommendations. Therefore, this attachment(s) is not included in agenda materials provided the public and the news media. Any information in the attachment(s) that is not protected by privacy legislation, however, is available for public inspection from the Associate Superintendent for Human Resources upon request. That the Board is approving the Human Resources items attached with the information as presented or as on file with official district records and documents relating to each such item, or in such other form as may be approved by the Associate Superintendent for Human Resources, or the Associate Superintendent’s designee, and that the Board hereby authorizes the Associate Superintendent for Human Resources, or the Associate Superintendent’s designee, to transact and complete each such item approved hereby, and to sign, execute, and deliver necessary documents or contracts, and to take or cause to be taken any and all other action as may be necessary to complete each such item of transaction as contemplated, for and on behalf of this school district. |
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8.2. Routine Business
Rationale:
At each meeting, the Board of Education is asked to approve certain items of routine business of the school district. Explanation The items included in routine business for this meeting are: a. REGULAR CLAIMS – Claims for the period ending August 23, 2016, were previously provided. Federal Tax ACH Deposit of $24,349.41. State Tax ACH Deposit of $773,987.76. Procurement Card ACH Transfer of $109,338.77. Office Depot ACH Transfer of $31,059.12. Vendor ACH Transfer of $106,184.73. b. PAYROLL FOR RATIFICATION – Payroll for the period ending August 15, 2016, in the amount of $81,030.88. c. GIFTS – Approval for the gifts listed on the attached gift report. d. BIDS/CONTRACTS/OTHER ROUTINE BUSINESS – Bids/contracts/other routine business will be presented for approval for the purchase of supplemental curriculum materials for kindergarten through third grades; water testing and treatment chemicals; a bid for the walking track at Kahoa; the purchase of LCD projectors for East and North Star; Department of Transportation physical exams and testing; the purchase of AED devices for all elementary schools and Moore Middle School; confirmation of a purchase of ELL lesson plans; an agreement for consultations and professional development at Lincoln High; an agreement for district professional development sessions; the purchase of survey and analytics software service; the purchase of a data management system; an agreement for case management at Lincoln High; an agreement for after school tutoring at Lincoln High and Southeast; an agreement for educational design solutions at Title I schools; an agreement for counseling and group facilitation at Lincoln High; an agreement to rent drama equipment for Southwest; items listed for auction; and any other bids/contracts/routine business as presented. Proposal That the Lincoln Board of Education approve the following items of routine business: a. The regular claims for period ending August 23, 2016. b. Payroll for the period ending August 15, 2016. c. Gifts for East, Eastridge, Kooser, Lincoln High, and the district. d. Bids/contracts/other routine business for the purchase of supplemental curriculum materials for kindergarten through third grades; water testing and treatment chemicals; a bid for the walking track at Kahoa; the purchase of LCD projectors for East and North Star; Department of Transportation physical exams and testing; the purchase of AED devices for all elementary schools and Moore Middle School; confirmation of a purchase of ELL lesson plans; an agreement for consultations and professional development at Lincoln High; an agreement for district professional development sessions; the purchase of survey and analytics software service; the purchase of a data management system; an agreement for case management at Lincoln High; an agreement for after school tutoring at Lincoln High and Southeast; an agreement for educational design solutions at Title I schools; an agreement for counseling and group facilitation at Lincoln High; an agreement to rent drama equipment for Southwest; items listed for auction; and any other bids/contracts/routine business as presented.
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8.3. Option Enrollment Student Applications for 2016-17
Rationale:
On February 23, 2016, the Board adopted a resolution to accept option students for the 2016-17 school year. Applications have been received from students requesting that they be accepted as option students for the 2016-17 school year. Staff recommends that the students referred to in this agenda item be accepted for enrollment as they are in compliance with the Board resolution of February 23, 2016. WHEREAS, the student who has been assigned student number 244861 (for purposes of confidentiality, assigned numbers are being used) meets one or more of the criteria of the Board resolution of February 23, 2016, with regard to such option students; THEREFORE BE IT RESOLVED that the aforementioned student be accepted as an option student on the condition and with the express understanding that all programs, all classes and all buildings of assignment, except as otherwise required by law, shall at all times and from time to time during attendance at Lincoln Public Schools be determined solely by Lincoln Public Schools.
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8.4. Late Request for Enrollment Option Out 2016-17
Rationale:
March 15, 2016, was the deadline for enrollment option applications to be completed for students wishing to attend school in a district other than the one in which they reside for the 2016-17 school year. The Lincoln Public Schools Board of Education has authority to waive the deadline for late enrollment option requests (NDE Rule 7, Section 004.05). Explanation Student Number Option District Proposal |
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9. FIRST READING, ACTION AT NEXT MEETING
Rationale:
*The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education Board releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools.
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9.1. From Board Committees
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9.1.1. Computer Laptops for Certificated Staff #7569
Rationale:
LPS certificated staff use Macbook Air computers to create lesson plans to assist with the education of their students. These computers are replacing certificated staff computers that are in the replacement point of their lifecycles.
The CLASS Technology Plan articulates a 6-year lifecycle for the proposed computers wherein certificated staff use the computers for the first three years. They are then used for an additional three years in middle and elementary school computer labs. The proposed computers will replace computers purchased for certificated staff three years ago, allowing those 3-year-old computers to be placed in elementary and middle school computer labs. Thus, this purchase begins the 6-year lifecycle for the proposed computers and continues the 6-year lifecycle of those that are now three years old. The lab computers being replaced through this process are, in most cases, eight years old. |
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9.2. From the Superintendent
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9.2.1. Permission for Proposed Additional Compensation for Health Technicians
Rationale:
The Lincoln Board of Education has prioritized recruitment and retention of employees in hard to fill positions. The District has identified that health technician positions are currently hard to fill based on recruiting and hiring data collected. As a result the District is recommending that recruitment and retention funds be allocated to enhance the previously approved salary increase for health technicians. Explanation The proposed additional compensation for health technicians is as follows:
Proposal That the Board of Education consider and discuss approval to propose additional compensation for health technicians. |
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9.2.2. Permission for Proposed Memo of Understanding with the Lincoln Paraeduator Association
Rationale:
The Lincoln Board of Education has prioritized recruitment and retention of employees in hard to fill positions. The District has identified that paraprofessional positions are currently hard to fill based on recruiting and hiring data collected. As a result the District is recommending that recruitment and retention funds be allocated to enhance the previously negotiated salary agreement with the paraprofessional employee group. Explanation The proposed memo of understanding with the Lincoln Paraeducator Association is as follows:
Proposal That the Board of Education consider and discuss approval of entering into a proposed memo of understanding with the Lincoln Paraeducator Association. |
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9.2.3. 2016-17 Insurance Rates
Rationale:
For 21 years, Risk Management has arranged for the district’s insurance coverage through an Owner Controlled Self-Insurance program. The advantages of self-insurance are: 1) lower premiums, 2) district holds funds [in the Insurance Fund] until needed to pay claims, 3) district legal counsel is involved in all lawsuits, 4) all claim settlements are approved by the district, 5) LPS staff and legal counsel are involved in claims from the beginning. The LPS insurance broker, UNICO, provides Risk Management with a report comparing the estimated premium costs for standard insurance coverage to the actual Owner Controlled Protected Self-Insurance program costs and estimates a savings to the district of more than one million dollars per year in premium costs alone. Explanation Risk Management annually solicits quotes for all property and all liability insurance coverage, as well as excess Workers’ Compensation insurance coverage, Boiler and Machinery insurance, and the third party claims handling service for property/liability through the Arthur J. Gallagher (AJG) Company and UNICO, the LPS insurance consulting and brokering firm. Proposal That the Board review the 2016-17 insurance rates.
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10. SECOND READING, RECOMMENDED FOR ACTION
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10.1. From Board Committees
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10.1.1. Newly Annexed Property to the City of Lincoln
Rationale:
The Board of Education assigns school attendance areas to property newly annexed to the City of Lincoln or newly platted. This action establishes school attendance areas prior to the sale of residential lots, allowing purchasers to know what schools their children will attend. Explanation The City of Lincoln has annexed a parcel of land, which automatically brings this property into the district of Lincoln Public Schools. This property needs to be assigned attendance centers so that potential purchasers of homes in this area will know which schools they will be attending: Pemberly Place, Annexation Ordinance #20347, for 2016-17 school year: Maxey Elementary School, Pound Middle School, and Southeast High School Proposal That the Board approve the proposed attendance area assignments of the newly annexed property.
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10.1.2. 2016-17 Lincoln Public Schools Budget Adoption
Rationale:
The Board of Education held a public hearing on the 2016-17 budget on August 9, 2016. Explanation Staff recommends that the Board review the budget statement as amended (Attachment One) prepared in compliance with the Nebraska Budget Act, the Tax Equity and Educational Opportunities Support Act, State Law Sections 79-1081, 79-1085, 79-10,110 and 79-10,110.01 R.R.S. Neb., and other Nebraska laws. After Board review, the following resolution will be presented for approval on August 23, 2016. RESOLVED by the Board of Education of Lancaster County School District 001: 1. That the following is the Board’s estimate of the total amount under its adopted budget statement to be received by the district from taxation of the taxable property within the school district for the fiscal year beginning September 1, 2016, and ending August 31, 2017, namely: $201,342,201 – To provide for the financing of all facets of services rendered by the school district, inclusive of operations and maintenance, and further known as the General Fund. $29,745,469 – To provide for payment of interest and the retirement of the school district’s unlimited tax general obligation bonds, further known as the Bond Fund. $963,360 – To provide for acquisition or improvement of sites and/or construction, alteration or improvement to facilities of the school district, further known as the Building Fund. $5,945,804 – To provide for environmental hazard abatement and accessibility barrier elimination projects; to provide for Qualified Zone Academy Bond projects; to provide for American Recovery and Reinvestment Act of 2009 Academy Bond projects; and to provide for building modifications to address life safety code violations, indoor air quality, and mold abatement/prevention; further known as the Qualified Capital Purpose Undertaking Fund. 2. That the County Commissioners of Lancaster County be requested and directed to levy and collect for said mentioned purposes the tax rate necessary to produce $237,996,834, after the county’s tax collection fee has been deducted, the same as other property taxes are levied and collected. 3. That the officers of the Board be directed to report the action of the Board of Education to the County Commissioners of Lancaster County (in their capacity as the levying board) and to the Auditor of Public Accounts not later than September 20, 2016, in accordance with State Law Section 13-508 R.R.S. Neb., and that the officers be further directed to report the action of the Board to the Lancaster County Clerk in accordance with State Law Section 79-1083 R.R.S. Neb. 4. That the 2016-17 budget as presented and amended, the attachments to this agenda item, and all supporting documents (copies of which are on file with official district records and which are hereby incorporated herein by this reference as though set forth in full) as developed by the administration are hereby approved and adopted. 5. That the administration is hereby authorized to take all action necessary to implement the adopted budget herein, and to make any necessary changes or adjustments as required by Nebraska laws to properly reflect such adopted budget statement hereby approved, due to assessed valuation certifications or re-certifications or such other matters which require necessary fiscal adjustments to complete the budgeting process for the 2016-17 fiscal year adopted budget and budget statement hereby approved. 6. That in accordance with Section 79-10,110 R.R.S. Neb. and other Nebraska laws, the Board has made a determination that an actual or potential environmental hazard or accessibility barrier exists, that a life safety code violation exists, or that expenditures are needed for indoor air quality or mold abatement and prevention within the school buildings or grounds of the Lincoln Public Schools and that approval of the budget and this resolution shall constitute: (a) establishment of the qualified capital purpose undertaking fund and accounts by the Board; (b) a determination by the Board that an actual or potential environmental hazard or accessibility barrier exists, that a life safety code violation exists, that expenditures are needed for indoor air quality or mold abatement and prevention within the school buildings or grounds under its control; (c) Board ratification of the accompanying itemized estimate of the amounts necessary to be expended for such matters, such estimate having been approved by the Board on August 9, 2005, June 23, 2009, and June 8, 2010; (d) Board approval and designation of the particular projects for which the tax levy will be expended, and as known or appropriate, the relevant period of years (not to exceed ten) for which the tax will be levied for such projects, and the amount of the levy (not to exceed five and one-fifth cents per hundred dollars of assessed valuation) for each year of the period; (e) Board approval of any listed undertaking for any qualified capital purpose in any qualified zone academy under its control and the tax levy to repay any qualified zone academy bond issued for such undertaking, and designation of the particular qualified capital purpose for which the qualified zone academy bonds were or are to be issued and for which the tax levy will be expended, and as known or appropriate, the relevant the period of years (not to exceed fifteen) for which the taxes will be levied, and the amount of the levy (not to exceed five and one-fifth cents per hundred dollars of assessed valuation) for each year of the period; (f) Board designation of more than one project or qualified capital purpose in any qualified zone academy, and approval of the tax levy for each such project or qualified capital purpose, concurrently or consecutively, as the case may be, the aggregate levy of which in each year and the duration of each such levy shall not exceed the limitations as specified in § 79-10,110, and other laws; (g) Board approval of any listed undertaking for the construction of a new public school facility or the acquisition of land on which such a facility is to be constructed or any expansion, rehabilitation, modernization, renovation, or repair of any existing school facilities under its control and the levy of a tax to repay any American Recovery and Reinvestment Act of 2009 bond and Board designation of the particular project or projects for which the bond has been or will be issued and for which the tax levy provided will be expended and the period of years for which the tax will be levied to repay such bond not exceeding the maximum term of thirty years for Build America and/or qualified school construction bonds and the amount of the levy (not to exceed five and one-fifth cents per hundred dollars of assessed valuation) for each year of such period and Board ratification and approval of the accompanying itemized estimate of the amounts necessary to be expended for such project or projects; (h) Board approval that the levy may be imposed for such duration as the Board specifies, notwithstanding the contemporaneous existence or subsequent imposition of any other levy for another project, qualified capital purpose, qualified zone academy purpose or American Recovery and Reinvestment Act of 2009 purpose imposed, up to the limit specified in § 79-10,110, and other laws, and notwithstanding the subsequent issuance by the district of bonded indebtedness, if any is permitted, payable from its general fund levy or otherwise; and (i) Board establishment and approval to maintain with submission of the itemized estimate, an environmental hazard abatement and accessibility barrier elimination project account, a life safety code modification project account, an indoor air quality project account, a mold abatement and prevention project account, and a qualified capital purpose undertaking or other such sub-accounts, within the qualified capital purpose undertaking fund, so that taxes collected shall be credited to the appropriate account to cover project or undertaking costs and so that such estimates may be presented to the county clerk and taxes levied accordingly (Attachment Two). 7. That the officers of the Board be directed to make and deliver to the County Clerk, not later than September 20, 2016, the approved itemized estimates of the amounts necessary to be expended for the abatement of environmental hazards, for accessibility barrier elimination, and for modifications for life safety code violations, indoor air quality, or mold abatement and prevention in the school buildings or grounds of the Lincoln Public Schools and for any necessary or required qualified zone academy purpose or American Recovery and Reinvestment Act of 2009 purpose as provided by § 79-10,110 and other laws. 8. That in accordance with Section 003.04C of Title 92, Nebraska Administrative Code, Chapter 2, Section 79-1070 R.R.S. Neb., and other Nebraska laws and regulations, the Board authorizes that at any time during the 2016-17 school fiscal year there is temporarily insufficient money in any of the particular funds detailed in section 1 of this resolution, or in any of the funds of a “blended component unit” of the district as such term is defined in the Governmental Accounting Standards Board Statement 14, the Associate Superintendent for Business Affairs or a designee may transfer money from other funds to such fund, such transfer to be considered a loan subject to repayment as soon as funds are available to do so. Proposal That the Board approve the 2016-17 budget statement, itemized estimate, and resolution as amended.
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10.2. From the Superintendent
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11. EXPEDITED/EMERGENCY ACTIONS
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12. ITEM(S) REMOVED FROM CONSENT AGENDA
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13. INFORMATIONAL ITEMS/REPORTS
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13.1. From Board Committees
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13.2. From The Career Academy
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13.3. From the Superintendent
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13.3.1. Superintendent Update
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13.3.2. Strategic Plan Update - Human Resources
Rationale:
Lincoln Public Schools will make effective and efficient use of the community’s time, treasure and talents. Continually expand efforts to recruit staff reflective of the diverse demographics of our students, and report annually to the Lincoln Board of Education.
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13.3.3. Monthly Financial Report
Rationale:
At the second Board meeting of the month, information regarding the district’s monthly financial report is presented.
Explanation The monthly financial report for the month ending July 31, 2016, is attached. Proposal Information item; no Board action required.
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
August 25 September 7 September 12 |
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15. PUBLIC COMMENT
Rationale:
In keeping with Board Policy 8420:
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16. REQUEST FOR CLOSED SESSION
Rationale:
The Lincoln Board of Education is authorized by state statute to hold closed sessions. Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. Reasons that meet this standard include but are not limited to: (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.
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16.1. Request for Closed Session - Negotiations/Collective Bargaining, Property/Real Estate, Litigation, Security, Criminal Misconduct, Personnel, and Legal Advice Matters
Rationale:
The Lincoln Board of Education is authorized by state statute to hold closed sessions. Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. Reasons that meet this standard include but are not limited to: (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.
Explanation
At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law. That the Board hold a closed session: 1. For strategy session with respect to negotiations/collective bargaining clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law. 2. For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
3. For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
4. For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
5. For investigative proceedings regarding allegations of criminal misconduct clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
6. For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
7. For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law. |
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17. ADJOURNMENT
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