June 14, 2022 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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7. PUBLIC COMMENT
Rationale:
The Board believes public attendance and participation, when appropriate to the business at hand, is beneficial to the work of the Board and models the importance of civic engagement and civil discourse to the community’s children, but it cannot impede the Board from completing the business of the meeting. 2. A time limit of three minutes will be allotted for any speaker unless prior to the beginning of the Public Comment agenda item, the chair sets a different reasonable time frame to be allotted for speakers in order to accommodate the number of persons who have submitted "Record of Appearance" cards. The time limit is per speaker, per meeting and may not be transferred or assigned to other speakers. 3. The chair may endeavor to organize public comment by what agenda items or other issues have been identified as topics by public speakers, adjust for the age of speakers, and/or split the Public Comment agenda item to be conducted in different positions within the Board’s Order of Business. At the discretion of the chair, the speaker may be allotted additional time. Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda. 4. In order to be called forward to address the Board during Public Comment, each person wishing to speak must obtain a "Record of Appearance" card from staff at the meeting in which they wish to speak. "Record of Appearance" cards are available beginning 30 minutes prior to the scheduled start of the meeting. Those wishing to speak must accurately complete the required sections of the card, and submit it to the appropriate staff member by 15 minutes after the start of the meeting. 5. Individuals will be called forward to speak by name, organization being represented, if applicable, and address. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment by stating their first and last name and, if applicable, any organization they represent. 6. In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic. 7. If the number of people wishing to speak under the public comment portions of the agenda is large, the chair may rule that a public hearing be scheduled. 8. Persons speaking to the Board during public comment may make printed materials (paper no larger than 8.5 x 11 inches) available to the Board but may not use any other form of media. Public speakers are asked to provide 10 copies of any copies of printed materials presented to the Board. Persons attending Board meetings and/or speaking to the Board during Public Comment or during a public hearing must follow all requirements established by the Board, as well as all Board, chair and staff directions in order to help maintain the order, proper decorum, safety and security, and the non-disruptive functioning of the Board meeting. These include, but are not limited to the following:
If at any time persons appearing before the Board do not comply with these or any other Board requirements, it shall be the responsibility of the chair to declare that person or persons out of order and require a change in behavior, delay or recess the meeting, or refuse permission to continue to address the Board, and ultimately may require the person or persons to leave the premises of the Board meeting. |
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8. CONSENT AGENDA
Rationale:
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8.1. Human Resources Matter
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: 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 June 14, 2022, were previously provided. Federal Tax ACH Deposit of $6,087,243.55. Procurement Card ACH Transfer of $164,459.61. Child Support ACH Transfer of $12,919.17. Blue Cross/Blue Shield ACH Transfer of $5,944,224.78. Vision Insurance ACH Transfer of $56,267.84. b. PAYROLL FOR RATIFICATION - Payroll for the period ending May 31, 2022, in the amount of $17,701,168.56.
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 equipment and supplies; renovation; distributed antenna system; robot kits; milling center; curriculum; agreement amendments & renewals; advertising agreement; walking path; exam fees; 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 June 14, 2022. b. Payroll for the period ending May 31, 2022.
c. Gifts for the district.
d. Bids/contracts/other routine business for equipment and supplies; renovation; distributed antenna system; robot kits; milling center; curriculum; agreement amendments & renewals; advertising agreement; walking path; exam fees; items listed for auction; and any other bids/contracts/routine business as presented.
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8.3. Option Enrollment Student Application for 2022-23
Rationale:
On January 25, 2022, the Board adopted a resolution to accept option enrollment students for the 2022-23 school year. An application for enrollment during the 2022-23 school year has been received and is in compliance with the Board resolution of January 25, 2022.
Explanation The application included in this agenda item has been examined by staff and meets one of the criteria set forth by the Board in the resolution of January 25, 2022. Staff recommends approval of the application. Proposal That the Board adopts the following resolution: WHEREAS, the students who have been assigned student numbers 449840 and 449843 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of January 25, 2022, 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 2022-23
Rationale:
March 15, 2022, 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 2022-23 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 1112 – Community Relations – Advertising
Rationale:
The LPS Planning Committee has been in the process of reviewing various LPS Board of Education facility protocols, procedures, policies, and regulations on various issues including facility advertising and signage, and the naming of specific LPS facilities with the view of making recommendations on each for board consideration and possible action at the next meeting.
It is the intent of the Planning Committee to complete its work and present at this meeting its recommendations on facility advertising, signage, and the naming of specific LPS facilities.
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9.1.2. Policy 5000 Series - Student Services & Policy 6740 - Instructional Program
Rationale:
Periodically, a policy series is reviewed in order to address changes in legislation or regulation from the state or federal government or to bring policy in line with current practice or intent of the Board. During the 2021-2022 school year, the 5000 Policy Series was first reviewed by the Instructional Directors through the lens of equity with an eye at looking at ways policies could be more inclusive and reflect the district’s commitment to equity. The Student Learning Committee and Technology Committee then spent significant time reviewing those recommendations and is recommending a number of changes.
Policy 6740 is included in this set of proposed revisions as Policy 5480 and 6740 were both revised to reflect the inclusion of language surrounding Good Sportsmanship (also added to the Important Information Handbook). Explanation Polices or specific Regulations with minor edits: 5000, 5110, 5110.4., 5110.6, 5110.8, 5112.1, 5140.1, 5310, 5320, 5330, 5340.2, 5340.3, 5345, 5350, 5350.1, 5410.1, 5420, 5431, 5440, 5460, 5461, 5481, 5490.1, 5500, 5502.1, 5504, 5506.1, 5510.1, 5511. Policies or specific Regulations with substantive edits: 5110.2, 5120, 5340.1, 5480 The following Policies are submitted for affirmation as written and do not require revisions: 5111, 5113, 5114, 5115, 5118, 5119, 5121, 5122, 5123, 5130, 5131, 5150, 5200, 5300, 5360, 5400, 5410, 5430, 5450, 5482, 5501, 5503, 5505, 5507, 5508, 5509, 5520 (Revisions adopted 5/10/22). Proposal That the Board discuss recommended revisions to Policy 5000 Series and Policy 6740.
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9.2. From the Superintendent
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9.2.1. LNW Stadium Gift & Recognition Agreement with Union Bank & Trust Company #10581
Rationale:
It is recommended that the Board of Education (Board) authorize and approve an agreement (Agreement) at the new Northwest High School stadium complex (NW Stadium) between Lincoln Public Schools (LPS) and Union Bank and Trust Company (UBT), a Nebraska bank. The exact areas that are included in the Agreement and in the definitions of the "NW Stadium" or the "NW Activities Complex" are as shown in the Exhibits attached to the proposed Agreement. The initial term of the Agreement begins with full execution and continues for a period of twenty (20) years (Term), measured from the first LPS home varsity athletic game held at the NW Stadium (Commencement Date), and automatically terminating on July 31, 2042, unless otherwise terminated earlier as provided therein. The Agreement provides that except as otherwise provided therein and subject to the terms and conditions thereof, UBT shall have exclusive naming rights and shall be the exclusive financial organization with signage on the building(s), fields and/or structures in the area defined as the NW Activities Complex.
Explanation In consideration of the naming and recognition, the Agreement provides for UBT to pay to LPS a base gift of $1,500,000.00 to be paid no later than July 1, 2022, and an additional signage gift of up to $100,000.00 to mock-up, design, purchase, and install the signage. A complete copy of the proposed Agreement is available in the Purchasing Office. Proposal The Board, by approving this agenda item, is authorizing and approving the Gift and Recognition Agreement at the new Northwest High School site NW Stadium and NW Activities Complex with UBT, in the form on file with official LPS records or with such changes as are deemed in the best interest of LPS, specifically contingent on as provided therein and subject to UBT being in continued compliance with all LPS policies and regulations, including but not limited to Advertising at Public Performance, Activity and Athletic Facilities as all of its policies and regulations may be amended from time to time during the term of the Agreement and are further approved by the Superintendent of Schools, Associate Superintendent for Business Affairs, or designee of either, and the Board is further authorizing, approving and delegating to the Superintendent of Schools, Associate Superintendent for Business Affairs, or a designee of either, the district authority to sign, execute and deliver the Agreement and any documents called for in the Agreement, any amendments or extensions to the Agreement, and further 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 and interpret the Agreement and the naming rights program as established therein on a day to day basis; to sign and deliver any renewal or extension agreements or amendments or to terminate the same as contemplated thereby and determined appropriate, for and on behalf of LPS, and hereby delegates authority to and designates the Associate Superintendent for Business Affairs, or a designee, as the LPS Program Administrator under this Agreement. |
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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. School Meal Prices 2022-23
Rationale:
The Lincoln Public Schools Nutrition Services Department operates a school meal program that provides breakfast and lunch meals to LPS schools. Annually, the Board of Education reviews and approves school breakfast and lunch prices.
Explanation
As part of the Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296), Section 205 addresses equity in school lunch pricing. School Food Authorities (SFA) must annually review their paid lunch revenue to assure compliance with the paid lunch equity requirement. When the average paid lunch price is less than the difference between the free and paid Federal reimbursement rates, the SFA must determine how they will meet the requirement. For SY 2022-23 SFAs that charge less than $3.31 for paid lunches in SY 2021-22 are required to adjust their lunch prices. SFAs are required to utilize the Paid Lunch Equity Calculator to determine the amount of paid lunch price increase. The required increase for paid lunch meals for the 2022-23 school year is five cents. Breakfast prices will remain the same. The following is a listing of proposed meal prices for the 2022-23 school year:
Proposal
That the Board approve the school meal prices for the 2022-23 school year. |
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10.1.2. 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: Salt Bank Business Park, Annexation Ordinance #21258, for 2021-22 school year: Norwood Park Elementary, Dawes Middle School, and Northeast High Schools Proposal
That the Board approve the proposed attendance area assignments of the newly annexed property.
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10.2. From the Superintendent
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10.2.1. Proposed 2022-2023 Pay Rates for Substitutes and Miscellaneous Employees
Rationale:
The Board of Education must approve all salary schedules/pay rates for the employees of Lincoln Public Schools.
EXPLANATION:Attached are the 2021-2022 pay rates for substitute and miscellaneous employees and the proposed 2022-2023 pay rates for such employees.
Generally, the recommended salary increases range from no increase to a 3.7 percent increase, depending on the employee group. A few intramural related positions have a higher increase due to challenging market conditions. The determination of what salary to recommend is made in conjunction with the supervisor of that employee group and an assessment of the availability of candidates for the positions.
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10.2.2. Hytera Radios for Elementary Schools #10566
Rationale:
It is recommended that award be made to Shaffer Communications Inc. for the purchase of 851 Hytera two-way radios, radio programming, and accessories to be used at the elementary schools. This purchase is funded by a three-year grant. Shaffer has agreed to hold the price of the radio for the three years.
Explanation
The purchase would be divided amongst the three years.
Shaffer Communications Inc. (Lincoln, Nebraska) $510,600.00 This will be an expenditure of $510,600.00 from the Federal Fund. Proposal The Board, by approving this agreement with Shaffer Communications Inc., 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 Security, 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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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 Special Appointments
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13.3. From the Superintendent
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13.3.1. Superintendent Update
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
June 28:
Budget Work Session, 4:30 pm, LPSDO LPS Board and ESU Board Meeting, 6:00 pm, LPSDO |
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15. PUBLIC COMMENT
Rationale:
The Board believes public attendance and participation, when appropriate to the business at hand, is beneficial to the work of the Board and models the importance of civic engagement and civil discourse to the community’s children, but it cannot impede the Board from completing the business of the meeting. 2. A time limit of three minutes will be allotted for any speaker unless prior to the beginning of the Public Comment agenda item, the chair sets a different reasonable time frame to be allotted for speakers in order to accommodate the number of persons who have submitted "Record of Appearance" cards. The time limit is per speaker, per meeting and may not be transferred or assigned to other speakers. 3. The chair may endeavor to organize public comment by what agenda items or other issues have been identified as topics by public speakers, adjust for the age of speakers, and/or split the Public Comment agenda item to be conducted in different positions within the Board’s Order of Business. At the discretion of the chair, the speaker may be allotted additional time. Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda. 4. In order to be called forward to address the Board during Public Comment, each person wishing to speak must obtain a "Record of Appearance" card from staff at the meeting in which they wish to speak. "Record of Appearance" cards are available beginning 30 minutes prior to the scheduled start of the meeting. Those wishing to speak must accurately complete the required sections of the card, and submit it to the appropriate staff member by 15 minutes after the start of the meeting. 5. Individuals will be called forward to speak by name, organization being represented, if applicable, and address. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment by stating their first and last name and, if applicable, any organization they represent. 6. In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic. 7. If the number of people wishing to speak under the public comment portions of the agenda is large, the chair may rule that a public hearing be scheduled. 8. Persons speaking to the Board during public comment may make printed materials (paper no larger than 8.5 x 11 inches) available to the Board but may not use any other form of media. Public speakers are asked to provide 10 copies of any copies of printed materials presented to the Board. Persons attending Board meetings and/or speaking to the Board during Public Comment or during a public hearing must follow all requirements established by the Board, as well as all Board, chair and staff directions in order to help maintain the order, proper decorum, safety and security, and the non-disruptive functioning of the Board meeting. These include, but are not limited to the following:
If at any time persons appearing before the Board do not comply with these or any other Board requirements, it shall be the responsibility of the chair to declare that person or persons out of order and require a change in behavior, delay or recess the meeting, or refuse permission to continue to address the Board, and ultimately may require the person or persons to leave the premises of the Board meeting. |
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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.
Explanation |
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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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