September 21, 2023 at 6:00 PM - Omaha Public Schools Board of Education and Educational Service Unit 19 Board Meeting
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A. OPS Board Of Education Information
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Notice to visitors: If you wish to speak, please obtain a “Request to be Heard” form from the entry table and return the completed form to the table attendant or the Board of Education Director. The agenda will be kept current and available for public inspection in the office of the Secretary of the Board of Education at the Administrative Building during regular working hours. |
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B. Call to Order
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C. Pledge of Allegiance
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D. OPS Vision and Mission Statement
Rationale:
The Vision: Every Student. Every Day. Prepared for Success.
The Mission: To prepare all students for success in college, career, and life. |
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E. Roll Call
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E.1. Excused/Unexcused Absence
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F. School Spotlight
Rationale:
The #OPSProud Spotlight recognizes Lori Maestas of Kennedy Elementary as the first recipient of the Dr. Benton and Harriet Kutler Outstanding Vision Teacher Award from the Nebraska Foundation for Visually Impaired Children.
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G. Board and Superintendent Communications
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G.1. Superintendent
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G.2. Board Members
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H. Public Comment and Recognition
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I. Consent Agenda
Rationale:
At this time, any Board member may request that any item in the consent agenda be removed from the consent agenda and be considered and voted on separately.
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I.1. Reading of Minutes
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I.1.a. Thursday, September 7, 2023 - Budget Hearing
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I.1.b. Thursday, September 7, 2023 - Regular Meeting
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I.1.c. Monday, September 11, 2023 - Workshop
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I.2. Approval of Amendment No. 003 to the Agreement with Jacobs Project Management Co. – Project Management Agreement 2018 Phase 2 Capital Facilities Bond Program – 2018 Bond Program – (Add $415,800.00) Revised Total $14,023,000.00
Rationale:
FUND: 42 - 2018 Bond Program Proceeds Fund
PROGRAM: 2591 - Building & Grounds DEPT: 7166600 - Schoolhouse Planning Department PROJECT: 321500 - 2018 Bond Program Management & Administration SUPPLIER: Jacobs Project Management Co. POLICY: 7003, F.3. AMOUNT: $415,800.00 Pursuant to Policy 7003, F.3., Administration recommends approval of Amendment No. 003, which includes project management oversight of current and projected additional scope of work items through September 2024 funded through Bond Program Savings in the 2018 Bond Program. Due to the current agreement expiring in September 2023, Amendment No. 003 will facilitate the need for project management oversight through September 2024 to close out the 2018 Bond Projects. The following designated construction projects for this work and descriptions of the additional scope are identified below:
The Board of Education approved Jacobs as the 2018 Bond Management Company on September 5, 2018 for an amount of $13,116,800.00, Amendment No. 001 was approved by the Board of Education on May 13, 2020 for an amount of $432,000.00 and Amendment No. 002 was approved by the Board of Education on June 21, 2021 for an amount of $58,400.00. The addition of Amendment No. 003 brings the current value of the Agreement to a total amount of $14,023,000.00.
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I.3. Approval of Claims Report A - District Expenditure
Rationale:
The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds. Expenditures are presented to the Board for approval in the form of a Claims Report. Claims Report A is a listing of all District expenditures and are organized and presented to the Board by which fund the expenditure is being made from (e.g. General Fund, Bond Fund, etc.).
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I.4. Approval of Claims Report B - Expenditures from Various Student Activity Funds for which the Board Serves as Custodian
Rationale:
The Board of Education is required by State Statute 79-584 to approve all expenditures of funds for which the District serves as custodian. Expenditures are presented to the Board for approval in the form of a Claims Report. Claims Report B is a listing of expenditures from the various Student Activity Funds for which the Board serves as custodian.
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I.5. Approval of Claims Report C - Expenditures on behalf of Board Members or their Related Organizations
Rationale:
Board Members are prohibited by Nebraska law from voting on items which may personally benefit them. Expenditures which may personally benefit individual Board Members are presented to the Board for approval in the form of a separate Claims Report in order to permit those Board Members to abstain from voting on items which may personally benefit them. The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds. Claims Report C is a listing of expenditures that may relate to individual Board Members or Organizations that employ them.
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I.6. Approval of Claims Report D - Payroll Expenditures. The Claims D Report for September 7, 2023 was not presented on the agenda for that meeting.
Rationale:
The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds. Payroll expenditures are presented to the Board for ratification in the form of a Claims Report. Claims Report D is a summary of payrolls processed and is presented by payroll and pay date.
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I.7. Approval of Claims Report E - Payroll Estimated Expenditures
Rationale:
The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds. Payroll expenditures are presented to the Board for ratification in the form of a Claims Report. Claims Report E is an estimation of payrolls to be processed prior to the next Board meeting and is presented by payroll and pay date. Board authorization is requested for amounts not to exceed the totals in the Claims Report.
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I.8. Approval of Educational Service Unit No. 19 Claims - Expenditures to be Paid from Education Service Unit's Funds
Rationale:
The Board of Education serves as the Board of Educational Service Unit 19. The Board of Educational Service Unit 19 is required to approve all expenditures of District funds as well as funds for which the District serves as custodian. Expenditures are presented to the Board for approval in the form of a Claims Report. Educational Service Unit No. 19 Claims Report is a listing of all expenditures to be paid from the Education Service Unit's funds.
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I.9. Approval of Omaha School Employees Retirement System Claims - Expenditures to be paid from the OSERS's Funds
Rationale:
In keeping with the provisions of Nebraska Revised Statute section 79-981, the Board of Education is responsible for the transaction of OSERS’ business, including approval of expenditures of OSERS’ funds. The Administration recommends approval of the attached claims to be paid from OSERS’ funds.
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I.10. Committee on Claims Audit Approval 9/21/2023
Rationale:
State Statue 79-584 requires the Secretary to the Board of Education to audit all accounts of the Class V school district and to submit that audit to the Board of Education Audit Committee for review and approval. The objective of the audit is to obtain and review sufficient claim documentation to determine the risk of material misstatement. The audit methodology is set forth on the Claims Audit Report.
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I.11. Approval to Extend iLit License for Reading Intervention Teacher and Student Materials from Savvas for the 2023-2024 School Year ($42,034.30)
Rationale:
Fund: 1, General Fund
Program:1100, Regular Instruction Department:7193010, Secondary Education Admin Supplier: Saavas Learning Company Policy: 6121, 7000, V.A. Amount: $42,034.30 Administration recommends approval for a one-year extension of iLit licenses for Tier 2 freshmen reading intervention from Saavas Learning Company for the 2023-2024 school year. These materials are the core of the OPS Secondary Reading Intervention curriculum, adopted in 2017, which allows students to grow and develop their literacy skills. In keeping with the provisions of Policy 7000, V.A., no bid was required for this purchase because it falls under the exception of bidding procedures as academic prerogative. This item is being presented to the Board of Education for approval in keeping with the provisions of Policy 6121 which requires approval by the Board of Education of curricular materials. Also, the District has previously spent over $50,000.00 on iLit contracts with Savvas and therefore brings this contract to the Board for approval.. The total amount of this purchase is $42,034.30. The Administration recommends approval of the attached contract. The Data Protection Agreement was agreed to previously by the parties and applies to these materials.
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I.12. Approval of Extension of Agreement for Legal Services with Baird Holm LLP for Two Additional Years
Rationale:
On October 21, 2019, following completion of an RFQ for legal services, the Board of Education entered into an agreement with Baird Holm LLP to provide outside legal counsel on an as needed basis. The agreement provides that certain services are provided for a fixed monthly fee. All other services are provided at an hourly rate that reflects the long-standing relationship between the District and Baird Holm. The agreement was for a period of four (4) years and expires on October 31, 2023. In keeping with the terms of the RFQ and the agreement, the District has the option to extend the agreement for two (2), one-year, terms. Administration recommends that the Board of Education exercise its right to extend the agreement for both one-year terms, thereby extending the agreement until October 31, 2025. The General Counsel shall continue to act as the District’s internal agreement manager and oversee performance under the agreement. The Superintendent or the District’s General Counsel shall have authority to assign all work under the agreement. All terms and conditions of the agreement remain in effect, including a 5% cap on hourly rate increases. The exercise of the option notwithstanding, the District retains the ability to terminate the agreement at any time. A copy of both the extension and the original agreement are attached.
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I.13. Approval of the Methodist Community Counseling (CCP) Service Agreement for the 2023-2024 School Year ($337,000)
Rationale:
Fund: 176 Federal Grants
Department: 7105500 Health Services Program: 2110 Student and Community Services Supplier: The Nebraska Methodist Hospital System, INC d.b.a. Community Counseling Program Policy:7000 Amount:$337,000.00 In compliance with Policy 7000, Administration recommends approval of the Service Agreement between the District and Methodist Community Counseling Program (CCP) for up to $337,000.00 for the current 2023-24 school year to continue providing ongoing counseling services by licensed mental health practitioners to Omaha Public Schools secondary (middle and high school) students and their families that would otherwise be cost prohibitive. Counseling services include: (1.) Assessment and referral (2.) Individual therapy, group therapy, and family therapy for students (3.) Evaluation of individual student counseling progress (4.) Crisis management support (5.) Educational programs and (6.) Substance abuse screenings. The Board of Education previously approved an agreement for the 2022-23 school year at the April 17, 2023, Board of Education Meeting.
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I.14. Approval of Omaha Public Schools Head Start Program and Millard Public School Coordinating Two-Year Agreement through July 31, 2025
Rationale:
Administration recommends approval of the Head Start coordination agreement with Millard Public School to coordinate efforts for children participating in the Head Start program in Douglas County as they transition to Kindergarten in their home attendance area district. Omaha Public Schools' Head Start program serves all of Douglas County and we are required to serve all families in the Head Start program if they meet eligible requirements and live within Douglas County. Per Head Start Performance Standards 1302.53, each Head Start agency will take steps to coordinate with local school districts in the county where students enrolled in the Head Start program will enroll to attend kindergarten. These agreements promote effective transitions for Head Start students to kindergarten through communication, information and record sharing, and transition training for Head Start staff. This agreement will be effective for two years, upon the signatures of both parties, through July 31, 2025.
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I.15. Approval of Omaha Public Schools Head Start Program and Ralston Public Schools Coordinating Two-Year Agreement through July 31, 2025
Rationale:
Administration recommends approval of the Head Start coordination agreement with Ralston Public Schools to coordinate efforts for children participating in the Head Start program in Douglas County as they transition to Kindergarten in their home attendance district. Omaha Public Schools' Head Start program serves all of Douglas County and we are required to serve all families in the Head Start program if they meet eligible requirements and live within Douglas County. Per Head Start Performance Standards 1302.53, each Head Start agency will take steps to coordinate with local school districts in the county where students are enrolled in the Head Start program and will enroll to attend kindergarten. These agreements promote effective transitions for Head Start students to kindergarten through communication, information and record sharing, and transition training for Head Start staff. This agreement will be effective for two years, upon the signatures of both parties, through July 31, 2025.
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I.16. Approval of the Omaha Schools Administrator Association (OSAA) Salary and Benefit Summary for the 2023-2024, 2024-2025, and 2025-2026 School Years
Rationale:
Administration recommends approval of the attached OSAA Salary and Benefit Summary for the 2023-2024, 2024-2025, and 2025-2026 school years. The salary increases are 2.27% in 2023-2024, 2.22% in 2024-2025 plus the incorporation of the $4,500 stipend into the salary schedule, and 2.25% in 2025-2026. The District will maintain a $1,200 deductible health plan with a $0 deductible, narrow network option. In addition, beginning with the 2024-2025 school year, all elementary principals will move to a 12 month contract.
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I.17. Approval of the Proposed Negotiated Agreement with the Bilingual Liaisons Bargaining Unit Represented by Omaha Education Association for the 2023-24, 2024-25, and 2025-26 School Years
Rationale:
The Bilingual Liaisons and the District have reached a tentative agreement for the 2023-24, 2024-25, and 2025-26 school years. The wages increase by 2.27% in year one, 2.22% and the $4,500 stipend incorporated into the salary structure in year two, and 2.25% in year three. The District will continue to provide a $1200 deductible health plan with a $0 deductible, narrow network option. Administration recommends Board approval of the attached tentative agreement which has been ratified by the Bilingual Liaisons.
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I.18. Approval of the Proposed Negotiated Agreement with the Omaha School Psychologist Association for the 2023-24, 2024-25, and 2025-26 School Years
Rationale:
The Omaha School Psychologist Association and the District have reached a tentative agreement for the 2023-24, 2024-25, and 2025-26 school years. The wages increase by 2.27% in year one, 2.22% and the $4,500 stipend incorporated into the salary structure in year two, and 2.25% in year three. The District will continue to provide a $1200 deductible health plan with a $0 deductible, narrow network option. Administration recommends Board approval of the attached tentative agreement which has been ratified by the Omaha School Psychologist Association.
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I.19. Approval of Proposed Staffing Adjustments
Rationale:
Policy 4001 and 4035 require that the election of employees shall be by action of the Board of Education upon recommendation of the Superintendent or designee. Additionally, Policy 4008 requires that the Chief Human Resources Officer process all retirements, resignations, cancellations, contract amendments and terminations of employment making a recommendation for appropriate action to the Superintendent and Board of Education. Therefore, the District recommends the approval of the attached Staffing Adjustments.
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I.20. Approval of Purchase Order Agreement No. 002 to the Master Professional Services Agreement with Jacobs Project Management Co. – (Add $178,200.00) Revised Total $233,200.00
Rationale:
FUND: 01 - General Building Administration Fund
PROGRAM: 2591 - Building & Grounds DEPT: 7166600 - Schoolhouse Planning Department SUPPLIER: Jacobs Project Management Co. POLICY: 7003, F.3. AMOUNT: $178,200.00 Pursuant to Policy 7003, F.3., Administration recommends approval of Purchase Order Agreement No. 002, which includes project management oversight to assist the District with ESSERs construction projects. This Purchase Order Agreement No. 002 would be funded through the General Building Administration Fund. The following designated ESSERs construction projects for this work and descriptions of scope are identified below; however, future ESSERs projects may be included as directed by the District through September 2024: Schools Description of Scope Benson High New Front Entrance and Clinical Addition (ESSERs) Ashland Park Robbins Elementary, Building Climate Control Management System Bancroft Elementary, Modernization (ESSERs) Central Park Elementary, Dundee Elementary, Minne Lusa Elementary, Pawnee Elementary, Prairie Wind Elementary, Skinner Elementary, Monroe Middle. South High School Mechanical Project to include HVAC and other System Projects (ESSERs) Blackburn School Secure Entrance Project (ESSERs) Various Schools Hydration Station Installations (ESSERs) Various Schools Project Management Support The Board of Education approved the Master Professional Services Agreement on May 16, 2022. Purchase Order No. 001 was approved by the Board of Education on May 16,2022 for an amount of $55,000. The addition of Purchase Order No. 002 brings the current value of the Master Professional Services Agreement to a total amount of $233,200.00.
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I.21. Approval to Reject All Bids Submitted for Bid No. 23-064 Blackburn Access Control System & Exterior Door Upgrades
Rationale:
Pursuant to Policy 7000, III.D, Administration recommends that the Board of Education reject the bid submitted for Bid No. 23-064, Blackburn Access Control System and Exterior Door Upgrades, which was approved on September 7, 2023. The proposed rejection by the District is based upon the receipt of an incomplete bid. The bidder submitted a list of exclusions that accompanied their bid in which they noted equipment and scopes of work requested in the bid that they were not including in their bid proposal. Administration is seeking to reject the bid so that this project can be rebid immediately to allow work to be completed before next summer.
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I.22. Grant Fund Budget Awards
Rationale:
It is recommended that the grant fund budget be amended to include the receipts and expenditures of the attached grant awards.
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J. Discussion and/or Action Items
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J.1. Information Item(s)
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J.1.a. Accountability Committee Update
Rationale:
The Chair of the Accountability Committee will provide an update.
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J.1.b. Policy Committee Update
Rationale:
The Chair of the Policy Committee will provide an update.
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J.1.c. Update to Policy 6113
Rationale:
Policy 8120 stipulates the Board of Education shall cause policies and regulations to be revised as necessary. The Policy Committee Chair will provide recommended changes to Policy 6113.
6113 - Parental/Guardian Access to the Schools
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J.2. Action Item(s)
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J.2.a. Approval of the 2023-2024 Property Tax Request - Douglas County School District 0001
Rationale:
The Board will consider the attached resolution to set the 2023-2024 Douglas County School District 0001 property tax requests as follows:
General Fund - $315,741,849 Bond Fund - $52,198,978 Special Building Fund - $17,604,512 Qualified Capital Purpose Undertaking Fund - $4,001,025
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J.2.b. Approval of the 2023-2024 Property Tax Request - Educational Service Unit No. 19
Rationale:
The Board will consider the attached resolution to set the 2023-2024 ESU No. 19 property tax request at $4,801,231.
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J.2.c. Approval of the 2023-2024 General Fund - Douglas County School District 0001
Rationale:
The Board will consider the attached resolution to approve the 2023-2024 General Fund local operating fund budget in the amount of $727,000,000, supported by tax requirements of $315,741,849 plus reimbursable programs in the amount of $287,000,000 for a total General Fund Budget of $1,014,000,000.
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J.2.d. Approval of the Douglas County School District 0001 2023-2024 Budgets Which Require a Levy - Excluding General Fund
Rationale:
The Board will consider the attached resolution to approve the 2023-2024 Douglas County School District 0001 budgets, which require a tax levy, excluding the General Fund as follows:
Bond Fund - $54,319,257 Special Building Fund - $28,600,000 Qualified Capital Purpose Undertaking Fund - $5,364,227
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J.2.e. Approval of the Douglas County School District 0001 2023-2024 Budgets Which Do Not Require a Tax Levy
Rationale:
The Board will consider the attached resolution to approve the 2023-2024 non-levy budgets for Douglas County School District 0001 which includes the following:
School Lunch - $51,322,037 School Activities - $6,500,000 Central Stores - $4,000,000 Depreciation - $46,000,000 Employee Benefit - $15,300,000 Student Fees - $3,000,000 Contingency - $20,200,000 Cooperative - $4,500,000
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J.2.f. Approval of the 2023-2024 Budget - Educational Service Unit No. 19
Rationale:
The Board will consider the attached resolution to approve the 2023-2024 ESU No. 19 budget of $23,400,000.
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J.2.g. Approval of First Reading of Policies 5101, 6000, 6010, 6117
Rationale:
Policy 8120 stipulates the Board of Education shall cause policies and regulations to be revised as necessary. Administration will provide recommended changes to Policies 5101, 6000, 6010, and 6117.
5101 - Student Discipline and Exclusion of Students From School 6000 - General Policy Statement 6010 - Scope of Instructional Program 6117 - Ceremonies, Observances, and the Pledge of Allegiance
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K. Receipt of Reports
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K.1. CBOC update of the Phase II Bond Programs August 2023
Rationale:
Attached please find updates from Citizen’s Bond Oversight Committee (CBOC).
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K.2. Head Start Monthly Board Report - August, 2023
Rationale:
This document provides the Board of Education with monthly Head Start information regarding attendance and enrollment, meal counts, in-kind amounts, health requirements, policy council minutes, delegate reports, and program information summaries to maintain a communication structure to support oversight responsibilities as stated in Head Start Performance Standard 1301.2.
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K.3. 2023-2024 Regular Interest on OSERS Non-Retired Members Account Balances
Rationale:
Notice of statutorily required change in the regular interest rate on OSERS non-retired member account balances.
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L. Request for Closed Session
Rationale:
The Omaha 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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M. Adjournment
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