September 27, 2022 at 6:00 PM - Board of Education Regular Meeting
| Agenda | ||||||||
|---|---|---|---|---|---|---|---|---|
|
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
|
||||||||
|
3. ROLL CALL
|
||||||||
|
4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION
|
||||||||
|
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.
Attachments:
()
|
||||||||
|
6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
|
||||||||
|
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. |
||||||||
|
8. CONSENT AGENDA
Rationale:
|
||||||||
|
8.1. Human Resources Matters
Rationale:
The Human Resources Division also includes the Office of Risk Management. As such, in addition to the Lincoln Board of Education approving all contractual agreements with employees, all employee benefit issues, all personnel actions, and all other matters within the scope of the Human Resources Division, as part of the Human Resources Matters agenda; the Lincoln Board of Education also must approve the settlement of Workers’ Compensation claims, take action on tort claims filed against the district, and take action on all other matters within the scope of the Office of Risk Management.
Explanation: 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.
Attachments:
()
|
||||||||
|
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 September 27, 2022, were previously provided. Federal Tax ACH Deposit of $257,301.17. State Tax ACH Deposit of $972,320.50. Procurement Card ACH Transfer of $117,714.44. Child Support ACH Transfer of $1,072.61. Term Life/Disability ACH Transfer of $164,461.63. Retirement ACH Transfer of $5,416,214.18. Vendor ACH Transfer of $4,030.69. b. PAYROLL FOR RATIFICATION - Payroll for the periods ending September 6, 8, and 15, 2022, in the amount of $771,175.57. 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 starting blocks; career cruising; college and career preparation; grant application; mental health services; Lexia hosting; 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 September 27, 2022. b. Payroll for the periods ending September 6, 8, and 15, 2022.
c. Gifts for Maxey, North Star, and Southeast.
d. Bids/contracts/other routine business for starting blocks; career cruising; college and career preparation; grant application; mental health services; Lexia hosting; items listed for auction; and any other bids/contracts/routine business as presented.
Attachments:
()
|
||||||||
|
8.3. Late Request 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 |
||||||||
|
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.
|
||||||||
|
9.1. From Board Committees
|
||||||||
|
9.2. From the Superintendent
|
||||||||
|
9.2.1. District Wide Area Network #10443
Rationale:
The existing district fiber optic Wide Area Network connects LPS buildings to provide all staff and students with access to LPS and internet digital resources. The fiber network contract expires on July 1, 2023.
The proposed network lease would begin operation on July 1, 2023. Staff reviewed three responses to a Request For Proposal (RFP) with initial contract terms of ten years, including provisions to exercise two optional five-year year extensions. If both extensions are executed, the proposed fiber network will be available to the district until June 30, 2043. The twelve-year contract cost of the current fiber network is $8,058,028 for an average annual cost of $671,502.33. The proposed contract cost is $1,230,000 over ten years, for an average annual cost of $123,000. If the two additional five-year extensions are exercised, the average annual cost of the proposed fiber network would be $120,540 on the twenty-year term. The proposed contract cost represents an average 82% annual decrease and, based on the current percentage of students receiving free and reduced meal assistance, the district is eligible for a Federal E-rate discount of 60%. Explanation:
Based on the evaluation rubric contained in RFP #10443 for the district Wide Area Network, the response representing the lowest total-cost-of-ownership was selected. The selection process was consistent with LPS procurement practices, further established high standards for vendor partnerships as specified in Section 7 of the Board Technology in Education Resolution, and meets requirements of the Federal E-Rate program. An E-Rate consultant, CRW Consulting of Tulsa Oklahoma, guided the process to help LPS staff prepare the RFP and analyze the responses. District staff have filed all appropriate forms with the Federal E-Rate program to receive Category One funding of 60% on eligible services, reducing the total 10-year contract cost of $1,230,000 to an LPS expenditure of $492,000 over the contract term. Annually, E-Rate funds are prioritized based on needs level and distributed first-come, first-served at each priority level. Board approval will allow filing for E-Rate reimbursement at the earliest date possible, providing the greatest opportunity for reimbursement. The terms of the proposed contract require the total cost of the initial ten-year contract to be paid in the first year. This is recognized as a Non-Recurring Cost (NRC) within the E-Rate program and is eligible for applicable discounts. There are no Monthly Recurring Costs (MRC) in the proposal associated with the initial ten-year term. Subsequent five-year extensions have the same requirement of a single NRC expenditure for the contract term. The terms of the proposed contract also include an IRU (Indefeasible Right of Use) agreement like the one that exists in the contract with the current provider. This is an important provision that ensures the district may continue using the fiber network under the contract terms and conditions even if the ownership of the fiber changes. The proposed network will allow LPS staff to increase the capacity to 100 Gbps or more based on future network demands. The proposed network will provide greater network resilience due to additional diverse paths to sites and the exclusive use of underground fiber. Allo fiber in the city of Lincoln is six years of age or less. It is recommended that the Board award $1,230,000.00 to Allo Communications for the purchase of Wide Area Network Leased Dark Fiber.
This will be an expenditure of $492,000.00 from the General Fund. Proposal: That the Board discuss the proposed purchase with Allo Communications. The proposed purchase and deployment timeline was reviewed with the Board Student Learning & Technology Committee. The Board by approving this purchase with Allo Communications, is approving the provisions of the agreement and all associated documents related thereto according to the terms and conditions as presented or such other or additional terms and provisions as negotiated and approved by the Chief Technology Officer or a designee, and the Board is hereby delegating to and authorizing the Chief Technology Officer or a designee to sign, execute, and deliver such documents, 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 implement the same on a day to day basis during its term as contemplated thereby, for and on behalf of this school district. |
||||||||
|
10. SECOND READING, RECOMMENDED FOR ACTION
|
||||||||
|
10.1. 2022-23 Board of Education and Superintendent's 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 the Board of Education to evaluate its Superintendent of Schools each year. Completed evaluations are confidential reports that are placed in and become part of the Superintendent's personnel file (Section 79-8,109). The 2022-23 Board of Education and Superintendent’s Annual Goals and Priorities are presented below for consideration and adoption at this meeting.
|
||||||||
|
10.2. From Board Committees
|
||||||||
|
10.2.1. 2022-23 Lincoln Public Schools Budget Adoption
Rationale:
The Board of Education held a public hearing on the 2022-23 budget on September 26, 2022.
Explanation:
Staff recommends that the Board review the budget statement (Attachment One) prepared in compliance with the Nebraska Budget Act, the Tax Equity and Educational Opportunities Support Act, State Law Sections 79-1081, 79-1085, 79-10,110 and 79-10,110.01 R.R.S. Neb., et. seq., and other Nebraska laws. After Board review, the following is presented for approval. RESOLVED by the Board of Education of Lancaster County School District 001:
$298,383,611 - To provide for the financing of all facets of services rendered by the school district, inclusive of operations and maintenance, and further known as the General Fund. $38,496,799 - To provide for payment of interest and the retirement of the school district’s unlimited tax general obligation bonds, further known as the Bond Fund. $5,136,236 - All of the previously identified Qualified Capital Purpose Undertaking Fund projects have been completed, and as such, in full compliance with all prerequisites, approved itemized estimates, procedures and requirements as provided by Sections 79-10,110 R.R.S. Neb., et. seq. and other Nebraska laws, sometimes known as the Qualified Capital Purpose Undertaking Fund laws, to provide for the payment of principal and interest on bonds issued in accordance with such laws for (a) environmental hazard abatement and accessibility barrier elimination projects; (b) Qualified Zone Academy Bond projects; (c) American Recovery and Reinvestment Act of 2009 Academy Bond projects; and (d) building modifications to address life safety code violations, indoor air quality, and mold abatement/prevention.
Proposal:
That the Board approve the 2022-23 budget statement, itemized estimate, and resolution.
Attachments:
()
|
||||||||
|
10.2.2. 2022-23 Lincoln Public Schools Property Tax Request
Rationale:
Proper advance notice was given and a special public hearing was held on whether the School District 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 2022-2023 property tax request may not exceed the School District’s property tax request from the prior year, unless the School District 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 proposed 2022-2023 budget which is to be formally adopted by the Board of Education. Attachment Two reflects last year’s property tax rates, this year’s initial estimate, and the property tax rates for 2022-2023. Staff recommends that the resolution below be adopted so that the 2022-2023 budget may be funded as adopted. A simple majority vote is required. 2022-2023 TAX REQUEST RESOLUTION
FOR Lancaster County School District No. 0001, a/k/a Lincoln Public Schools WHEREAS, public notice was given at least four calendar days in advance of a Special Public Hearing called by the Board of Education (hereinafter "the Board") of Lancaster County School District No. 0001, a/k/a Lincoln Public Schools (hereinafter "the District") in full compliance with all provisions of Section 77-1632 (previously 77-1601.02) and other Nebraska laws for the purpose of providing an opportunity to receive public comment, information and evidence from persons in attendance at such Special Public Hearing on the issue of whether the District’s 2022-2023 school fiscal year property Tax Requests should exceed the District’s property Tax Requests from the prior year to be taken into consideration by the Board when discussing and approving or modifying the District’s property Tax Requests for the 2022-2023 school fiscal year for as applicable the General Fund, Special Building Fund, the various Bond Funds, and Qualified Capital Purpose Undertaking Fund of the District; and WHEREAS, such Special Public Hearing was held before the Board of the District at the time, date, and place announced in the notice published in a newspaper of general circulation in the area of the District, 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 District information including the amount of the property tax request, in total and separately for all District funds 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 Public Hearing and will take such into consideration as part of this action; and, WHEREAS, the total assessed value of the District property differs from last year's total assessed value for the General Fund, Special Building Fund and Qualified Capital Purpose Undertaking Fund by 4.172%, for the 2006 Bond Fund by 3.2912%, for the 2014 Bond Fund by 3.5905%, and for the 2020 Bond Fund 4.0825%, all as detailed more fully in Attachment One as attached; 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 $1.159691 per $100 of assessed value, all as detailed more fully in Attachment One; and, WHEREAS, the District proposes to adopt a property Tax Request that will cause its tax rate to be $1.207169 per $100 of assessed value, all as detailed more fully in Attachment One; and, WHEREAS, based on the proposed property Tax Request and changes in other revenue, the total operating budget of the District will increase and exceed last year's budget by 2 percent, all as detailed more fully in Attachment One; and, WHEREAS, the Board will adopt its 2022-2023 school fiscal year budget and then review the District’s Tax Requests for each of the District’s funds, and after public consideration of the matter, will determine the Final Tax Requests as listed below as are necessary in order to carry out the functions of the District, as determined by the Board in order to correctly fund the budget for the 2022-2023 school fiscal year. NOW, THEREFORE, BE IT RESOLVED by the Board of Education of Lancaster County School District No. 0001 a/k/a Lincoln Public Schools 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 the District’s 2022-2023 school fiscal year property Tax Requests, including the county’s collection fee and any delinquent tax allowances and that (1) the Tax Request for the General Fund should be, and is hereby set at $301,397,584; (2) the Tax Request for the Special Building Fund should be, and is hereby set at $0; (3) the Tax Request for the 1999 Bond Fund should be, and is hereby set at $0; (4) the Tax Request for the 2006 Bond Fund should be, and is hereby set at $12,587,125; (5) the Tax Request for the 2014 Bond Fund should be, and is hereby set at $7,416,834; (6) the Tax Request for the 2020 Bond Fund should be, and is hereby set at $18,881,696; and the (7) Tax Request for the Qualified Capital Purpose Undertaking Fund should be, and is hereby set at $5,188,117; all as totaled and detailed more fully in Attachment One as attached. BE IT further resolved that if updated valuation, budget, levy, or other pertinent information is subsequently received by Lincoln Public Schools or by Lancaster County, Lincoln Public Schools, 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 77-1601 and other Nebraska laws. Proposal: That the Board approve the attachments, proposed resolutions, determinations, findings, and property tax request(s).
Attachments:
()
|
||||||||
|
10.2.3. Policy 3120 - Public Review of Budget
Rationale:
The proposed annual budget statement is presented and available to the public with recommended expenditures and anticipated receipts and a summary of significant changes from the previous budget. The public has an opportunity to comment on the proposed budget at a public hearing, held annually by the Lincoln Board of Education subsequent to budget publication.
Explanation:
The changes to Policy 3120 ensure compliance with the Property Tax Request Act. Proposal:
That the Board approve the revision of Policy 3120.
Attachments:
()
|
||||||||
|
10.2.4. Policy 3410 - Gifts, Grants and Bequests
Rationale:
Lincoln Public Schools is part of a very generous community and has many strong community partners. As a result, Lincoln Public Schools receives offers of many different types of gifts throughout the year. The Board encourages donations of gifts to the district, but must weigh financial, facility, and other factors before determining that it can accept the responsibility for receiving gifts. Policy 3410 outlines those factors.
Explanation:
The changes to Policy 3410 clarify the timing of publicity releases and/or announcements about gifts made to the District. Proposal:
That the Board approve the revision of Policy 3410.
Attachments:
()
|
||||||||
|
10.2.5. Policy 3500 - Funds Management
Rationale:
Policy 3500 defines roles and responsibilities for management of District Funds.
Explanation:
Revisions to Policy 3500 clarify actions regarding claims against the District and ensure compliance with the Prompt Pay Act.
Proposal:
That the Board approve the revision of Policy 3500.
Attachments:
()
|
||||||||
|
10.2.6. Policy 3610 - Purchasing
Rationale:
The Associate Superintendent for Business Affairs is authorized to sign contracts and agreements for the school district. All contracts and agreements are vetted to ensure that the appropriate administrator has approved the activity and budget authority is available for any cost.
Explanation:
Revisions to Policy 3610 are recommended for practices consistent with school district purchasing standards. Recommended revisions would increase the minimum amount at which recommended purchases or contracts will be presented to the Board for approval to $40,000, except as otherwise provided by policy or specific Board actions. Further, it is recommended that the position of Director of Purchasing or designee’s authority to sign contracts under a certain amount be increased to $10,000. Increasing the threshold for approval in the Purchasing Department would allow work flow to be processed more effectively and ensure appropriate staff verify the activity.
Proposal:
That the Board approve the revision of Policy 3610 and related Regulation 3610.2.
Attachments:
()
|
||||||||
|
10.2.7. Policy 3960 - Facilities - Bids & Contracts
Rationale:
All contracts for work related to building construction, remodeling, or repair or site improvement will be bid in accordance with the regular manner established by the Lincoln Board of Education and state statutes. All other such contracts will be handled under current District policies and regulations.
Explanation:
Revisions in Policy 3960 are proposed to comply with the Nebraska Department of Education statutory amount.
Proposal:
That the Board approve the revision of Policy 3960.
Attachments:
()
|
||||||||
|
10.2.8. Policy 8250 - Reimbursement and Miscellaneous Expenditures
Rationale:
It is important and in the best interest of this District to recognize service by Board members, employees, and volunteers.
Explanation:
Revisions in Policy 8250 are proposed to clarify the parameters for granting plaques, certificates, or other items of value.
Proposal:
That the Board approve the revision of Policy 8250.
Attachments:
()
|
||||||||
|
10.2.9. 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: Lacy Addition CUP, Annexation Ordinance #21322, for 2022-23 school year: Pyrtle Elementary School, Lux Middle School, East High School. Proposal: That the Board approve the proposed attendance area assignments of the newly annexed property.
Attachments:
()
|
||||||||
|
10.3. From the Superintendent
|
||||||||
|
10.3.1. Policy 6700 Instructional Program - Authorization of Student Activities
Rationale:
Lincoln Public Schools reviews policies on an ongoing basis and updates policies to ensure that they accurately reflect the ever-changing work of the district and changes in state law and federal law.
Explanation:
The budget proposed for 2022-2023 includes the addition of funding for Boys and Girls Bowling and Girls wrestling to the list of authorized student activities. Boys and Girls Bowling and Girls Wrestling have recently been sanctioned by the Nebraska State Activities Association.
The revision of Policy 6700 recognizes the intent of those funds by adding bowling to the list. No revision is recommended to the description of wrestling. The current description of wrestling allows for the addition of Girls Wrestling.
Attachments:
()
|
||||||||
|
11. EXPEDITED/EMERGENCY ACTIONS
|
||||||||
|
12. ITEM(S) REMOVED FROM CONSENT AGENDA
|
||||||||
|
13. INFORMATIONAL ITEMS/REPORTS
|
||||||||
|
13.1. From Board Committees
|
||||||||
|
13.2. From Special Appointments
|
||||||||
|
13.3. From the Superintendent
|
||||||||
|
13.3.1. Superintendent Update
|
||||||||
|
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 August 31, 2022, as of September 14, 2022, is attached. Proposal: Information item; no Board action required.
Attachments:
()
|
||||||||
|
14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
September 30: SSKI Board Meeting, SJDLC, 12:15 pm
October 4: State of the City Address, 7:30 am October 5: Chamber Coffee, Chamber Office, 8:00 am October 11: Board Meeting, SJDLC, 6:00 pm |
||||||||
|
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. |
||||||||
|
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 |
||||||||
|
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
|
.jpg)
