September 28, 2021 at 6:00 PM - Board of Education ESU 18 Regular Meeting
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1. ESU 18 BOARD OF EDUCATION INFORMATION
Rationale:
Notice of the time and place of the Educational Service Unit 18 Board 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 Educational Service Unit 18 Board 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 Educational Service Unit 18 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. The Educational Service Unit 18 Board shall also make available for examination and copying as requested by members of the public, at least one copy of all reproducible written materials to be discussed at the meeting. |
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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
Attachments:
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6. PUBLIC COMMENT
Rationale:
In the interest of maintaining the orderly decorum of the Lincoln School Board's meetings, the following rules are established for the conduct of all person attending a meeting of the Lincoln Board of Education and for those participating in public comment:
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7. CONSENT AGENDA
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8. FIRST READING, ACTION AT NEXT MEETING
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8.1. From Board Committees
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8.2. From the Superintendent
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9. SECOND READING, RECOMMENDED FOR ACTION
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9.1. From Board Committees
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9.1.1. 2021-22 ESU 18 Property Tax Request
Rationale:
Proper advance notice was given and a special public hearing has been held on whether ESU 18 should exceed its property tax request from the prior year (Attachment One).
Explanation Pursuant to Section 77-1632 (previously 77-1601.02) and other Nebraska laws, the 2021-2022 property tax request may not exceed the ESU 18’s property tax request from the prior year, unless ESU 18 first holds a special public hearing and then passes a resolution that includes all requirements of the statutes. The prior year’s property tax request would not correctly fund the 2021-2022 budget which has been formally adopted by the ESU 18 Governing Board. Attachment Two reflects last year’s property tax rates, this year’s initial estimate, and the property tax rates for 2021-2022. Staff recommends that the resolution below be adopted so that the 2021-2022 budget may be funded as adopted. A simple majority vote is required. Proposal That the ESU 18 Governing Board adopt the resolution proposed below: 2021-2022 TAX REQUEST RESOLUTION
FOR Educational Service Unit No. 18 of the State of Nebraska WHEREAS, public notice was given at least four calendar days in advance of a Special Public Hearing called by the Unit Board (hereinafter "the Board") of Educational Service Unit No. 18 of the State of Nebraska (hereinafter "ESU 18") in full compliance with all provisions of Section 77-1632 (previously 77-1601.02) and other Nebraska laws for the purpose providing an opportunity to receive public comment, information and evidence from persons in attendance at such Special Public Hearing on the issue of whether ESU 18’s 2021-2022 fiscal year property Tax Request should exceed ESU 18’s property Tax Requests from the prior year to be taken into consideration by the Board when discussing and approving or modifying ESU 18’s property Tax Request for the 2021-2022 fiscal year; and WHEREAS, such Special Public Hearing was held before the Board of ESU 18 at the time, date, and place announced in the notice published in a newspaper of general circulation in the area of ESU 18, a copy of which notice and/or a proof of publication is attached hereto as Attachment One, all as required by law; and, WHEREAS, Attachment One also contains ESU 18 information including the amount of the property tax request, in total and Attachment Two contains estimated and actual proposed levy rates; and, WHEREAS, the Board provided an opportunity to receive public comment, information and evidence from persons in attendance at such Special Hearing and has taken such into consideration as part of this action; and, WHEREAS, the total assessed value of ESU 18 property differs from last year's total assessed value by 11.4171 percent, all as detailed more fully in Attachment One; and, WHEREAS, the tax rate which would levy the same amount of property taxes as last year, when multiplied by the new total assessed value of property, would be $0.013463 per $100 of assessed value, all as detailed more fully in Attachment One as attached; and, WHEREAS, ESU 18 proposes to adopt a property Tax Request that will cause its tax rate to be $0.015 per $100 of assessed value, all as detailed more fully in Attachment One as attached; and, WHEREAS, based on the proposed property Tax Request and changes in other revenue, the total operating budget of the ESU 18 will decrease compared from last year's budget by 0.6372 percent, all as detailed more fully in Attachment One; and, WHEREAS, the Board has now adopted its 2021-2022 fiscal year budget and after having reviewed ESU 18’s Tax Request, and after public consideration of the matter, has determined that the Final Tax Request as listed below is necessary in order to carry out the functions of ESU 18, as determined by the Board in order to correctly fund the budget for the 2021-2022 fiscal year. NOW, THEREFORE, BE IT RESOLVED by the Board of Educational Service Unit No. 18 of the State of Nebraska that all findings, determinations and the attached Attachment One and Attachment Two as set forth above all of which are hereby adopted, incorporated herein, and made a part of this action and resolution by this reference. BE IT FURTHER RESOLVED that the Board hereby approves and adopts ESU 18’s 2021-2022 fiscal year property Tax Request, including the county’s collection fee and any delinquent tax allowances and that the Tax Request should be, and is hereby set at $4,133,240.17; all as totaled and detailed more fully in Attachment One as attached. AND, BE IT further resolved that if updated valuation, budget, levy, or other pertinent information is subsequently received by ESU 18 or by Lancaster County, ESU 18, its administration, and the County shall adjust the property tax request to reflect the updated information through appropriate administrative actions or pursuant to State Law Sections 77-1632 (previously 77-1601.02) and other Nebraska laws.
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9.2. From the Superintendent
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10. PUBLIC COMMENT
Rationale:
In the interest of maintaining the orderly decorum of the Lincoln School Board's meetings, the following rules are established for the conduct of all person attending a meeting of the Lincoln Board of Education and for those participating in public comment:
If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting. |
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11. 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.
Explanation |
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11.1. 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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12. ADJOURNMENT
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