June 25, 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. |
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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: High School Enrichment Opportunities Offer Significant Lessons in Leadership.
Rationale:
BACKGROUND:Lincoln Public Schools celebrates the leadership lessons created through high school enrichment opportunities. "Girl Up" is one such enrichment program, whose mission is to enable all girls throughout LPS and beyond to recognize their full potential.
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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:
Explanation:
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.
That the Board approve the Human Resources items presented in the attachment(s).*
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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.
ExplanationThe items included in routine business for this meeting are: a. REGULAR CLAIMS - Claims for the period ending June 25, 2019, were previously provided. Federal Tax ACH Deposit of $133,134.24. State Tax ACH Deposit of $891,573.19. Procurement Card ACH Transfer of $124,716.69. Office Depot ACH Transfer of $97,478.24. Retirement ACH Transfer of $5,135,798.04. Vendor ACH Transfer of $87,524.60. b. PAYROLL FOR RATIFICATION - Payroll for the periods ending June 6 and 14, 2019, in the amount of $205,958.20. 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 installation of concrete paving at Transportation; an electrical power and lighting project at Transportation; the purchase of iPads for Professional Learning Coaches; an agreement for behavioral health therapy services and social worker/counselor training; items listed for auction; and any other bids/contracts/routine business as presented. That the Lincoln Board of Education approve the following items of routine business: a. The regular claims for period ending June 25, 2019. b. Payroll for the periods ending June 6 and 14, 2019. c. Gifts for Meadow Lane. d. Bids/contracts/other routine business for installation of concrete paving at Transportation; an electrical power and lighting project at Transportation; the purchase of iPads for Professional Learning Coaches; an agreement for behavioral health therapy services and social worker/counselor training; items listed for auction; and any other bids/contracts/routine business as presented.
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8.3. Option Enrollment Student Applications for 2019-20
Rationale:
On March 26, 2019, the Board adopted a resolution to accept option enrollment students for the 2019-20 school year. Applications for enrollment during the 2019-20 school year have been received and are in compliance with the Board resolution of March 26, 2019. Explanation WHEREAS, the students who have been assigned student numbers 261079, 406601, 432017 and 246989 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of March 26, 2019, 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 2019-20
Rationale:
March 15, 2019, 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 |
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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. Policy 5110 - Students - Admission Procedures
Rationale:
Periodically, changes in federal or state law requires the Lincoln Board of Education to review existing policies to ensure compliance with these changes. Following each session of the Nebraska Unicameral, the Board’s policies are reviewed to identify the policies that need to be deleted, revised, or added. Explanation
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9.1.2. Policy 5345 - Students - Military Recruiters
Rationale:
Periodically, changes in federal or state law requires the Lincoln Board of Education to review existing policies to ensure compliance with these changes. Following each session of the Nebraska Unicameral, the Board’s policies are reviewed to identify the policies that need to be deleted, revised, or added.
Explanation Policy 5345 is recommended as a new policy based on changes in law created by the passage of LB 575. LB 575 requires that each school district adopt a policy to provide access to military recruiters. Policy 5345 satisfies this new requirement and includes the bill’s provisions. Proposal That the Board discuss revisions to Policy 5345.
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9.1.3. Land Acquisition - Van Dorn Street Property
Rationale:
It is recommended that Lincoln Public Schools ("LPS") enter into a Property Purchase and Sale Agreement (the "Agreement") to purchase real estate generally located northwest of Van Dorn Street and South 98th Streets, in the Northeast Quarter of Section 35, Township 10 North, Range 7 East of the 6th P.M., Lancaster County, Nebraska, as shown on Exhibit "A" of the (hereinafter the "School Site") Agreement, which is currently owned by Matodol, LLC, ("Matodol") and Daryl Lee Bohac and Kristie A. Bohac ("Bohac") (collectively "Seller").
The School Site is to consist of approximately 19.15 gross acres that includes numerous Parcel IDs with the final legal description and acres to be determined and defined by an ALTA survey paid for by Seller. The purchase of the School Site is $1,159,175.95 to be adjusted based on the final acres to be purchased as shown by the ALTA survey plus the amount of $75,000.00, which represents a one-time pre-payment by LPS for all future detention/retention facility design, construction and maintenance on the Surrounding Property, and $100,000.00, which represents a one-time pre-payment by LPS for rough grading and drainage work on the School Site, all as specified in the Agreement and as the School Site and Surrounding Property develop, LPS will also have Coordinated Infrastructure Responsibilities and Costs. The Board’s Planning Committee recommends the purchase. Explanation The Planning Committee is recommending that LPS purchase the School Site and enter into the Agreement for such site with the current owners. The proposed Property Purchase and Sale Agreement is available in the Purchasing Department. Proposal That the Board discuss the following resolution to purchase the School Site. BE IT RESOLVED, by Lancaster County School District No. 0001, a/k/a Lincoln Public Schools, a Class IV School District under the laws and statutes of the State of Nebraska, at this regular meeting of its Board of Education, ("LPS"), that the Property Purchase and Sale Agreement for the Van Dorn Street site ("Agreement"), in the form on file with official LPS records and as presented at this meeting, or with such changes, except as to the per acre price, as are further negotiated and 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 further negotiate the final agreement terms and to sign execute and deliver such Agreement after a duly countersigned Agreement has been received from the Seller 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 all actions on behalf of the District as called for in such Agreement and to complete and pay for all due diligence requirements, to retain and pay any necessary professionals for assistance, to pay the purchase price and all transaction and development costs and expenses as per the Agreement, and to take or cause to be taken all other action necessary or appropriate to close the purchase and conveyance transaction upon satisfactory completion of due diligence, presentation by Seller of good title and an acceptable warranty deed or other necessary documents on the described property to be purchased, received and developed by LPS under the Agreement. |
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9.2. From the Superintendent
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9.2.1. 2019-20 Board of Education and Superintendent Annual Goals and Priorities
Rationale:
Annually, the Board of Education evaluates the Superintendent and develops Annual Priorities for the Superintendent for the coming school year.
Explanation Nebraska law and Lincoln Public Schools policy require that the Board of Education evaluate its Superintendent of Schools each year. Completed evaluations are confidential reports that are placed in and become a part of the Superintendent's personnel file (Section 79-8,109). The 2019-20 Board of Education and Superintendent’s Annual Goals and Priorities are presented below for consideration at this meeting. 1. To accommodate growth and ensure that existing facilities are efficient and well-maintained, by December 31, 2019,
a. Review the Superintendent’s Facility Advisory Committee recommendations;
b. Update the 10-Year Facility and Infrastructure Plan; and
c. Determine the next steps for addressing facility and infrastructure needs, including high school capacity.
2. To support academic success and improve equitable outcomes for ALL students, by April 15, 2020, in partnership with students, staff, and the community,
a. Create a common definition of equity; and
b. Develop a framework for monitoring and continuously improving equity in Lincoln Public Schools.
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9.2.2. Construction Manager as Constructor Services for New High School Concept Project #9632
Rationale:
On April 11, 2019, Lincoln Public Schools published an invitation for bids (IFB Manual) soliciting competitive bids from interested and qualified construction manager contractors to provide pre-bond Construction Manager as Constructor (CMC) services and, if a bond issue election was successful, post-bond CMC services, all in connection with the New High School Concept Project.
Explanation A total of three sealed bids were received from interested construction manager contractors for the Project. All bids were reviewed and evaluated based on LPS Policy and state law for competitive bidding and interviews of two of the construction contractors were held. Based on the competitive bidding process, it is recommended that award be made to and contract be made with the lowest responsible bidder, who is determined to be: Haussmann Construction, Inc., (Lincoln, NE) estimated $587,081.25 Bid results: Haussmann Construction, Inc., (Lincoln, NE) estimated $587,081.25 Sampson Construction Co., Inc., (Lincoln, NE) estimated $2,731,725.00 Hampton Enterprises, Inc., (Lincoln, NE) estimated $5,175,900.00 CMC fees for the Project are not to exceed $50,000.00 prior to a successful bond vote. A complete copy of the IFB Manual, documents, and proposed contracts are available in the Purchasing Department. Proposal The Board, by approving this agenda item is: (1) approving the CMC firm selection for the Project with the stated pre-bond financing contingency at the stated maximum fee amount; (2) approving the IFB Manual, its terms, and the contract documents which are a part thereof; (3) authorizing the Associate Superintendent for Business Affairs or a designee to proceed in accordance therewith according to the terms and conditions as presented or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee; (4) authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, and deliver the contract and other contract documents, upon receipt of a signed contract from the CMC, and presentation of payment and performance bonds, certificates of insurance, and any other matters required by the contract documents for the Project, in acceptable form; and (5) to 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 implement and administer the same through the course of the Project as contemplated thereby, for and on behalf of this school district. The Board, by approving this agenda item, also hereby approves the following method for advertising for bids and proposals for all subcontracts for the construction of all improvements and work for the listed Project, and hereby authorizes and directs the CMC selected or its designees, and the Associate Superintendent for Business Affairs or a designee, to advertise for bids and proposals for all subcontracts for the construction of all improvements and work for the Project, by: (a) preparing invitations for bids and proposals and proposed contract documents; (b) publishing public notice which includes the general nature of the proposed work being considered, fixes the hour, date, time and place where such bids and proposals shall close, or be received or opened, and provides the name and telephone number of a person to be contacted by anyone interested in submitting a bid and proposal to contract for such work in a newspaper of general circulation in the school district at least fourteen (14) days prior to bid and proposal opening and providing other public notice; (c) establishing evaluation criteria, interview and selection procedures which may include consultations with one or more bidders according to requirements of any federal, state and local laws applicable to the Project , with the Board giving approval to and making the award of each subcontract; and (d) preparing, signing, executing , and delivering all documents, and taking or causing to be taken all other necessary or appropriate action to complete the bidding and proposal process for each subcontract for the Project; and that the above shall and is hereby determined to be the regular manner established by the Board for advertising for bids and proposals for all subcontracts for the construction of all improvements and work for the Project, unless or until changed by the Board. |
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9.2.3. Community Learning Center Agreements with: Boys and Girls Club of Lincoln/Lancaster County, Cedars Youth Services, Family Service Association, Lincoln Housing Authority, Malone Community Center, Nebraskans for Civic Reform, Northeast Family Center, Willard Community Center, and YMCA of Lincoln #9372
Rationale:
Lincoln Public Schools has various sites throughout the district which provide services related to Community Learning Center (CLC) activities.
Explanation It is recommended that agreements be entered into between Lincoln Public Schools and the following entities: Boys and Girls Club of Lincoln/Lancaster County. Cedars Youth Services, Family Service Association, Lincoln Housing Authority, Malone Community Center, Nebraskans for Civic Reform, Northeast Family Center, Willard Community Center, and YMCA of Lincoln, to provide services related to Community Learning Center (CLC) activities at various LPS locations. These agreements will be valid through September 30, 2020.
This will be an expenditure of $1,055,893.00 from the General, Federal, and Special Grant Funds. Complete copies of the proposed agreements are available in the Purchasing Department. Proposal The Board, by approving these agreements with the CLC sites, 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 finally negotiate; 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 Federal Programs, 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. |
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9.2.4. Project Prevent Federal Grant
Rationale:
Lincoln Public Schools proposes to write a competitive application to the Office of Elementary and Secondary Education of the U.S. Department of Education in response to the Project Prevent Grant Program. Project Prevent is a new federal grant program in response to the Federal Commission on School Safety’s (FCSS) final report released in December 2018, which offers several recommendations for States, local communities, and the Federal government to improve school safety. Project Prevent intends to provide school districts (LEAs) with funding to increase their capacity to help schools identify, assess, and serve students exposed to pervasive violence, as well as to provide mental health services for trauma or anxiety, support conflict resolution programs, and implement other school-based violence prevention strategies in order to reduce the likelihood that those students will later commit violent acts.
Explanation Lincoln Public Schools will apply for funds to complement the MTSS-B (multi-tiered system of supports for behavior) infrastructure already in development across the district, by offering strategic activities in specific buildings. The grant requires services to be provided in high poverty schools, so LPS will focus on Lincoln High, Northeast and North Star High Schools with six primary activities:
•Professional development for all clinicians (counselors, social workers, and school psychologist’s) in these buildings on screening and identifying students in need of supportive services due to exposure to trauma and violence. •Addition of 1.5 FTE (0.5 FTE per school) clinicians to develop a peer mediation model in each building, which will include identifying, recruiting and training students as peer mediators, and overseeing the day-to-day work of these students. •Expanded professional development opportunities for teachers and administrators on the impact of exposure to trauma and violence, as well as signs and symptoms. •Additional school-based therapy services provided by community mental health organizations. •Enhanced linkages with these same mental health organizations through the implementation of an Interconnected Systems Framework (ISF), which brings these partners into schools to integrate mental health support with the schools' multi-tiered systems of behavior support to provide a more holistic continuum of interventions for the student. •MTSS-B Tier Team work time during the summer as well as sessions at the annual LPS Behavioral Conference. A grant coordinator will be hired to oversee all of these activities, who will split their time between grant responsibilities and MTSS-B coaching in these buildings. Proposal The Board approves the submission of the Project Prevent Grant application for up to $480,000 per year for up to 5 years. There is no match requirement.
The grant application is due July 15, 2019. |
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10. SECOND READING, RECOMMENDED FOR ACTION
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10.1. From Board Committees
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10.2. From the Superintendent
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10.2.1. Architecture & Engineering Services for New High School Concept Project #9631
Rationale:
Proposals were requested from architectural/engineering professional services firms to provide design and construction administration services for the New High School Concept Project.
Explanation A total of five proposal responses were received from architectural and engineering firms for this project. All proposals were considered and interviews were held with the firms and their primary consulting partners. Proposals, responses, and interview presentations were considered on the criteria of: (1) the ability of the proposing firm personnel to perform the project; (2) the character, integrity, reputation, judgment, experience, and efficiency of the proposing firm; (3) the quality of performance of the proposing firm on previous projects; (4) the general capacity to perform the work; and (5) the financial resources to complete the project(s), including, but not limited to, confirmation of the ability to provide the required insurance and bonds. Based on the process and criteria in the RFP manual and the factual findings of the staff, it is recommended that award be made to: The Clark Enersen Partners, (Lincoln, Nebraska) Architect and Engineering costs for the Project are not to exceed $450,000.00 prior to a successful bond vote. A Complete copy of the RFP Manual, documents, and proposed contracts are available in the Purchasing Department. Expenditures will be from the appropriate facilities funding source or other appropriate Funds. Proposal
The Board, by approving this agenda item is: (a) approving staff recommendations and selection of the listed design professionals for the Program, (b) approving the RFP Manual, its terms, and the contract documents which are a part thereof, (c) authorizing the Associate Superintendent for Business Affairs or a designee to proceed in accordance therewith according to the terms and conditions as presented or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and (d) authorizing and directing the Associate Superintendent for Business Affairs or a designee to complete such negotiations and to sign, execute and deliver such contracts or other transaction documents and make payments under such contracts as may be necessary to complete the transactions, and to implement and administer the same through the course of the Program and listed projects as contemplated thereby, for and on behalf of this school district. |
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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. 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 May 31, 2019, is attached. Proposal Information item; no Board action required.
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
June 27: Public Forum, LNS, 7:00 p.m.
July 3: Chamber Coffee, Chamber Offices, 8:00 a.m. July 4: Holiday, LPS buildings closed July 9: No Board Meeting July 23: No Board Meeting July 25: LPS Leadership Day, LSW July 30: Board Meeting, LPSDO, 6:00 p.m. |
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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 a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. The subject matter and the reason necessitating the closed session are to be identified in the motion to close. Closed sessions may be held for, but shall not be limited to, such the subject matter and the reasons set forth in the Proposal section below.
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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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