February 12, 2019 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. |
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. STAFF CELEBRATION: Doreen Ainslie Honored with California Casualty Award for Teaching Excellence
Rationale:
Doreen Ainslie, a social studies teacher at Mickle Middle School, was honored with the California Casualty Award for Teaching Excellence from the National Education Association Foundation. The national award recognizes dedication to the profession, community engagement, professional development, attention to diversity, and advocacy for fellow educators. Ms. Ainslie will be honored in February at the Salute to Excellence in Education Gala in Washington, D.C.
Explanation: The National Education Association Foundation, honored Mickle Middle School social studies teacher, Doreen Ainslie, with the California Casualty Award for Teaching Excellence. National Education Association Foundation is a public charity founded in 1969 by educators, for educators, to improve public education for all students. The award recognizes dedication to the profession, community engagement, professional development, attention to diversity and advocacy to fellow educators. She was one of only 46 teachers in the country to receive the award and will be honored in February during an event in Washington, D.C. National Education Association Foundation President and CEO, Harriet Sanford, said this about Ms. Ainslie and her fellow award winners: "These educators are keeping the promise of public education by creating learning opportunities for their students that are relevant and rigorous. They advocate for each other, the profession and public education." Lincoln Public Schools K-12 Social Studies Curriculum Specialist, Jaci Kellison, praised Ainslie for her dedication to teaching and to Lincoln Public Schools: "Doreen is actively involved in ensuring that high-quality teaching and learning happens in social studies classrooms. Doreen is passionate about teaching and is willing to tackle new challenges, whether it be new content, a new instructional strategy or a new technology tool. The social studies curriculum department appreciates Doreen's continued commitment to helping LPS students achieve at high levels." |
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
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Explanation: |
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 periods ending January 22 and February 12, 2019, were previously provided. Federal Tax ACH Deposit of $5,821,131.61. State Tax ACH Deposit of $888,506.93. Procurement Card ACH Transfer of $132,319.32. Child Support ACH Transfer of $19,976.89. Office Depot ACH Transfer of $18,887.24. Blue Cross/Blue Shield ACH Transfer of $5,128,308.97. Term Life/Disability ACH Transfer of $199,632.50. Retirement ACH Transfer of $5,149,247.95. Vendor ACH Transfer of $300,064.99. b. PAYROLL FOR RATIFICATION - Payroll for the periods ending January 15 and January 31, 2019, in the amount of $16,843,721.38. 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 HVAC upgrades at Seacrest and Den Hartog; the purchase of a brush chipper and a sprayer; sanding, painting, and sealing of gym floors at Southeast and North Star; the purchase of lathes and mills for Lincoln High and Northeast; the purchase of football equipment and supplies; the purchase of science equipment for the Science Focus Program; license of a service management system; subscription to three science databases; agreements to arrange student travel; 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 periods ending January 22 and February 12, 2019. b. Payroll for the periods ending January 15 and January 31, 2019.
c. Gifts for Meadow Lane, West Lincoln, Zeman, and the district.
d. Bids/contracts/other routine business for HVAC upgrades at Seacrest and Den Hartog; the purchase of a brush chipper and a sprayer; sanding, painting, and sealing of gym floors at Southeast and North Star; the purchase of lathes and mills for Lincoln High and Northeast; the purchase of football equipment and supplies; the purchase of science equipment for the Science Focus Program; license of a service management system; subscription to three science databases; agreements to arrange student travel; items listed for auction; and any other bids/contracts/routine business as presented.
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8.3. Option Enrollment Student Application for 2018-19
Rationale:
On February 13, 2018, the Board adopted a resolution to accept an option enrollment student for the 2018-19 school year. An application for enrollment during the 2018-19 school year has been received and is in compliance with the Board resolution of February 13, 2018. Explanation WHEREAS, the students who have been assigned student numbers 272098, 294965, 256222 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of February 13, 2018, with regard to such option students; THEREFORE, BE IT RESOLVED that the aforementioned students be accepted as option students 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 Requests for Enrollment Option Out 2018-19
Rationale:
March 15, 2018, 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 2018-19 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 That the Board approve the requests for option out for the 2018-19 school year. |
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. 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: Wandering Creek PUD, Annexation Ordinance #20731, for 2018-19 school year: Pyrtle Elementary School, Lux Middle School, East High School. Proposal That the Board discuss the proposed attendance area assignments of the newly annexed property.
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9.1.2. Policy 5504 - Child Abuse and Neglect
Rationale:
Lincoln Public Schools reviews policies on an on-going basis and updates policies to ensure that they accurately reflect the ever-changing work of the district.
Revisions to this policy add clarity in regard to responsibility and reporting procedures for child abuse and neglect.
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9.2. From the Superintendent
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9.2.1. Resolution for Option Enrollment Students 2019-20
Rationale:
Nebraska students may attend a school other than the one in the district in which they reside under the option enrollment statutes.
Explanation The attached resolution would admit any K-12 option students who meet the statutory and legal conditions and whose application is received by August 2, 2019. The resolution specifies the circumstances under which late-filed applications would be accepted. Proposal That the Board discuss the option resolution for the 2019-20 school year.
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9.2.2. High School Auxiliary Cooling Project #9546
Rationale:
Bids were requested from interested vendors for the auxiliary cooling projects at North Star, Southeast, and Southwest High Schools. The project includes the installation of Air-Cooled Fluid Coolers, Heat Exchangers, and Pumps at all three schools, corresponding electrical, general and control work as required.
Explanation It is recommended that award be confirmed to the lowest responsible bidder meeting specifications: Hayes Mechanical (La Vista, Nebraska) $1,142,000.00 There were two other bidders. Grunwald Mechanical (Omaha, Nebraska) $1,425,500.00 NIFCO Mechanical (Lincoln, Nebraska) $1,599,930.00 A complete bid tabulation is available in the Purchasing Department. This will be a total expenditure of $1,142,000.00 from the Building and other facility funds. Proposal The Board, by approving this agreement with Hayes Mechanical, is approving the award, the contract documents for this project, and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, and deliver the contract documents and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract and all associated documents related thereto on a day-to-day basis during this project as contemplated thereby, for and on behalf of this school district, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under this agreement. |
10. SECOND READING, RECOMMENDED FOR ACTION
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10.1. From Board Committees
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10.1.1. Kooser Outlot Property #9549
Rationale:
It is recommended that Lincoln Public Schools (LPS) surplus and sell approximately 4.36 acres of real estate owned by LPS located in the Kooser Addition near North 14th Street and Alvo Road. The property originally was purchased by LPS in 1998. Kooser Elementary was constructed and opened in August 2009 on a portion of the original tract. The excess property not used for the elementary school has been platted and subdivided into outlots, which generally are sized for residential lots.
The exact legal description for the property proposed to be sold will be determined before closing by survey or plat, but generally will consist of: Outlots G, H and I, Kooser Addition, Lincoln, Lancaster County, Nebraska; and a portion of Outlot F, Kooser Addition, as subdivided and replatted ("Property"). The sale calls for a sale price of $36,842 per acre for the Property. The exact sale price to be determined at Closing based on the final number of acres based on subdivision and platting. Explanation
It is recommended under Policy 8314 that Regulation 3400.1 and any other relevant policies or regulations be suspended and that the Lincoln Public Schools Board of Education authorize and approve the Property sale as so provided. Under Section 79-10,114, R.R.S., an affirmative vote of two-thirds (5 of 7) is required to approve this transaction, sale, and conveyance of interests in the Property at this regular meeting. It is further recommended that Lincoln Public Schools approve the proposal. Proposal That the Board approve the proposed resolution. BE IT RESOLVED, by Lancaster County School District No. 0001, a/k/a Lincoln Public Schools ("LPS") pursuant to Policy 8314 that Regulation 3400.1 and any other relevant Policies or Regulations should be and are hereby suspended. BE IT FURTHER RESOLVED, by LPS, a Class IV School District under the laws and statutes of the State of Nebraska, at this regular meeting of its Board of Education, that the Real Estate Purchase and Sale Agreement for the Kooser Addition, Outlots G, H, and I, and portion of Outlot F ("Agreement"), in the form on file with official LPS records and as presented at this meeting, or with such changes as are approved by the Associate Superintendent of Business Affairs, should be and is hereby authorized and approved; BE IT FURTHER RESOLVED, that the Associate Superintendent for Business Affairs or a designee for the School District should be and is hereby delegated the authority and is authorized and directed to sign execute and deliver such Agreement and any other documents or agreements called for in such Agreement or determined to be in the best interest of the District, for and on behalf of LPS, and is further hereby delegated the authority and is authorized and directed to take or cause to be taken all other action necessary or appropriate to complete requirements as set forth in the Agreement, to pay necessary and required closing and transaction costs and expenses, and to complete and close the sale and conveyance transaction upon satisfactory completion of due diligence, presentation by LPS of good title and an acceptable warranty deed or other necessary documents on the described property to be sold by LPS under the Agreement. BE IT FURTHER RESOLVED, that the property sale is approved by an affirmative vote of at least two-thirds of all members of this board as required to approve this transaction, sale and conveyance of the Property at this regular meeting. |
10.1.2. Kooser Outlot Property #9550
Rationale:
It is recommended that Lincoln Public Schools (LPS) surplus and sell approximately 4.15 acres of real estate owned by LPS located in the Kooser Addition near North 14th Street and Alvo Road. The property originally was purchased by LPS in 1998. Kooser Elementary was constructed and opened in August 2009 on a portion of the original tract. The excess property not used for the elementary school has been platted and subdivided into outlots, which generally are sized for residential lots.
The exact legal description for the property proposed to be sold will be determined before closing by survey or plat, but generally will consist of: Outlots B, C, D, and E, Kooser Addition, Lincoln Lancaster County, Nebraska; and a portion of Outlot F, Kooser Addition, as subdivided and replatted ("Property"). The sale calls for a sale price of $47,848.00 per acre for the Property. The exact sale price to be determined at Closing based on the final number of acres based on subdivision and platting. Explanation
It is recommended under Policy 8314 that Regulation 3400.1 and any other relevant policies or regulations be suspended and that the Lincoln Public Schools Board of Education authorize and approve the Property sale as so provided. Under Section 79-10,114, R.R.S., an affirmative vote of two-thirds (5 of 7) is required to approve this transaction, sale, and conveyance of interests in the Property at this regular meeting. It is further recommended that Lincoln Public Schools approve the proposal. Proposal That the Board approve the proposed resolution. BE IT RESOLVED, by Lancaster County School District No. 0001, a/k/a Lincoln Public Schools ("LPS") pursuant to Policy 8314 that Regulation 3400.1 and any other relevant Policies or Regulations should be and are hereby suspended. BE IT FURTHER RESOLVED, by LPS, a Class IV School District under the laws and statutes of the State of Nebraska, at this regular meeting of its Board of Education, that the Real Estate Purchase and Sale Agreement for the Kooser Addition, Outlots B, C, D, and E, and portion of Outlot F ("Agreement"), in the form on file with official LPS records and as presented at this meeting, or with such changes as are approved by the Associate Superintendent of Business Affairs, should be and is hereby authorized and approved; BE IT FURTHER RESOLVED, that the Associate Superintendent for Business Affairs or a designee for the School District should be and is hereby delegated the authority and is authorized and directed to sign execute and deliver such Agreement and any other documents or agreements called for in such Agreement or determined to be in the best interest of the District, for and on behalf of LPS, and is further hereby delegated the authority and is authorized and directed to take or cause to be taken all other action necessary or appropriate to complete requirements as set forth in the Agreement, to pay necessary and required closing and transaction costs and expenses, to pay other amounts due and owing the buyer, and to complete and close the sale and conveyance transaction upon satisfactory completion of due diligence, presentation by LPS of good title and an acceptable warranty deed or other necessary documents on the described property to be sold by LPS under the Agreement. BE IT FURTHER RESOLVED, that the property sale is approved by an affirmative vote of at least two-thirds of all members of this board as required to approve this transaction, sale and conveyance of the Property at this regular meeting. |
10.1.3. Policy 6000 Series - Instruction
Rationale:
Periodically, new circumstances or changes in legislation or regulation from the state or federal government requires the school district to make a number of minor updates to align existing policy without changing the original leadership or organizational intent of the Board. When the Board has a number of such policies to revise, it collects them into a single Board agenda item.
Policy 6521 contains a minor grammatical correction. Policy 6603 contains an update in acronym. The following policies are submitted for affirmation as written and do not require revisions: 6000, 6100, 6110, 6120, 6121, 6130, 6200, 6210, 6222, 6230, 6283, 6300, 6310, 6320, 6330, 6340, 6350, 6400, 6410, 6411, 6412, 6420, 6421, 6430, 6442, 6443, 6445, 6450, 6500, 6510, 6520, 6522, 6523, 6524, 6525, 6526, 6530, 6550, 6570, 6580, 6600, 6601, 6602, 6604, 6610, 6620, 6621, 6720, 6740.
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10.1.4. Policy 6220 - Program For Students, Requirements for Graduation, Beginning with Class of 2010
Rationale:
Lincoln Public Schools reviews policies on an on-going basis and updates policies to ensure that they accurately reflect the ever-changing work of the district.
Deletion of this policy is needed as the graduation requirements of the class of 2010 have expired.
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10.1.5. Policy 6441 - Technology Resources and Internet Safety Policy
Rationale:
Lincoln Public Schools reviews policies on an on-going basis and updates policies to ensure that they accurately reflect the ever-changing work of the district.
The revisions included in Policy 6441 have been made to accurately reflect current technology and terminology used at Lincoln Public Schools.
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10.1.6. Policy 6700 - Authorization of Student Activities
Rationale:
Lincoln Public Schools reviews policies on an on-going basis and updates policies to ensure that they accurately reflect the ever-changing work of the district.
Explanation: The revisions included in Policy 6700 updates the activity program for students in secondary schools including Nebraska Schools Activities Association (NSAA) competitive activities. The revision includes Lincoln Public Schools commitment as members of NSAA to follow rules and guidelines that meet or exceed the standards of the NSAA when participating in NSAA activities.
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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. Lincoln Public Schools External Accreditation Visit
Rationale:
Nebraska Rule 10, 009.01B, requires that every five years, the school improvement process include a visitation by a team of external representatives to review the school improvement process, progress on goals, and provide written recommendations. The resulting external visit reports are provided to schools, to the district, and to the Nebraska Department of Education.
Explanation Lincoln Public Schools has successfully completed its 2018-19 External Accreditation Visit. Don Loseke, Nebraska Department of Education, and Dr. Mark Adler, Superintendent of Ralston Public Schools, co-chaired the twenty-seven (27) member external visitation team. A representative sample of eighteen (18) schools were selected to receive an on-site visit; however, the district is accredited as one singular institution, rather than by individual schools. Teams spent one full day in each of their two assigned schools, reviewing data and documents provided by the school, visiting classrooms, and interviewing staff, students, and parents. The external team completed approximately 160 classroom visits across elementary, middle, and secondary levels. Each visit lasted approximately 15 minutes, for a total of 40 hours of classroom observations over the course of two consecutive days. Commendation themes for the district are:
Proposal This is an information report; no Board action required.
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13.3.2. Superintendent Update
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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 December 31, 2018, is attached. Proposal Information item; no Board action required.
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
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February 13: Face the Chamber, 12:00 pm, Country Club
February 14: FLPS Board Meeting, 8:15 am, Clifton February 20: GNSA, 9:30 am, NCSA February 26: LPS Learning Lunch, 12:00 pm, LPSDO FLPS/LPS Board Rep Meeting, 1:30 pm, LPSDO Board Work Session, 4:30 pm, LPSDO Board Meeting, 6:00 pm, LPSDO |
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. |
17. ADJOURNMENT
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