Public Meeting Agenda: June 27, 2017 at 6:00 PM - Board of Education Regular Meeting

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June 27, 2017 at 6:00 PM - Board of Education Regular Meeting Agenda

June 27, 2017 at 6:00 PM - Board of Education Regular Meeting
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.



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 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.
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
6.1. Student Celebration: A Sample of Lincoln Public Schools Graduation Speeches
Rationale: 

This spring more than 2,400 Lincoln Public Schools high school seniors received their diplomas in six high school celebrations.

We honor all of those seniors – and will hear from two recent graduates who will present portions of their high school graduation speeches:

  • Ruben Aguilar, Lincoln North Star High School
  • Nebraska Grayson, Lincoln East High School
7. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  • Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose. 
  • A time limit of five minutes will be allotted for any speaker. 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.
  • Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment. A “Record of Appearance” card is provided for this purpose.
  • Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
  • 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.
  • If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
  • Persons speaking to the Board during public comment may make printed materials available to the Board but may not use any other form of media.
8. CONSENT AGENDA
8.1. Human Resources Matters
Rationale: 

Explanation
The Human Resources Division also includes the Office of Risk Management.  As such, in addition to the Lincoln Board of Education approving all contractual agreements with employees, all employee benefit issues, all personnel actions, and all other matters within the scope of the Human Resources Division, as part of the Human Resources Matters agenda; the Lincoln Board of Education also must approve the settlement of Workers’ Compensation claims, take action on tort claims filed against the district, and take action on all other matters within the scope of the Office of Risk Management.

This report includes routine Human Resources changes:

   a.  Certificated Employees:

             Elections – 78

             Re-Elections Same Assignment – 5

             Elections New Assignment – 2

             Changes of Status – 4

             Leaves of Absence – 4

             Separations – 8

   b.  Substitute Certificated Employees:

             Elections – 1

             Separations – 8

   c.  Classified Employees:

             Elections – 27

             Changes of Status – 5

             Separations – 32

   d.  Other:

             Workers' Compensation Lump Sum Settlements – 2

             Civic Leaves – 1

Proposal
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.

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 27, 2017, were previously provided.                   

Federal Tax ACH Deposit of $48,841.25.                   

State Tax ACH Deposit of $790,351.52.                   

Procurement Card ACH Transfer of $211,740.11.                   

Child Support ACH Transfer of $655,95.                   

Office Depot ACH Transfer of $63,304.10.                   

Blue Cross/Blue Shield ACH Transfer of $4,343,780.51.                   

Retirement ACH Transfer of $4,679,255.06.                   

Vendor ACH Transfer of $109,555.95.

b.  PAYROLL FOR RATIFICATION – Payroll for the period ending June 15, 2017, in the amount of $148,037.69.

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 the purchase of cafeteria tables, the purchase of welding booths, the purchase of software for use by Nutrition Services, an agreement to sublease parking space; an agreement for the provision of deaf or hard of hearing services; an agreement for mathematics professional development; a subscription to cloud video management and editing services; the purchase of ERP infrastructure hardware and software; the purchase of frozen pizza for use by Nutrition Services; 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 27, 2017.

b.  Payroll for the period ending June 15, 2017.

c.  Gifts for The Career Academy, Clinton, East, Fredstrom, North Star, Northeast, Sheridan, Southeast, and the district.

d.  Bids/contracts/other routine business for the purchase of cafeteria tables, the purchase of welding booths, the purchase of software for use by Nutrition Services, an agreement to sublease parking space; an agreement for the provision of deaf or hard of hearing services; an agreement for mathematics professional development; a subscription to cloud video management and editing services; the purchase of ERP infrastructure hardware and software; the purchase of frozen pizza for use by Nutrition Services; items listed for auction; and any other bids/contracts/routine business as presented.
Attachments:
8.3. Late Request for Enrollment Option Out 2017-18
Rationale: 

March 15, 2017, 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 2017-18 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  
Requests from students who reside in the district of Lincoln Public Schools and wish to attend school outside of Lincoln Public Schools have been received after the March 15, 2017, deadline.  The Lincoln Board of Education may deny or approve these requests.  If the requests are approved by the Board of Education, they will be forwarded to the option school districts for their approval. 

Student Number            Option District
420292                                Waverly
420293                                Waverly
287773                                Norris

Proposal  
That the Board approves the requests for option out for the 2017-18 school year.

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
9.1.1. Legislative Guidelines
Rationale: 
Various federal, state, and local governmental bodies will consider legislative and administrative action that will have an impact on Lincoln Public Schools.

Explanation
In order to communicate the positions of the Board of Education, the Board approves Legislative Guidelines that provide guidance to district staff and representatives communicating with governmental bodies when it is not possible to survey the Governmental Relations Subcommittee of the Board for specific guidance on a particular piece of legislation or policy.

Proposal
That the Board discuss the Legislative Guidelines.
Attachments:
9.2. From the Superintendent
9.2.1. Proposed 2017-18 Pay Rates for Substitute and Miscellaneous Employees
Rationale: 

Explanation
The Board of Education must approve all salary schedules/pay rates for the employees of Lincoln Public Schools.

Attached are the 2016-17 pay rates for substitute and miscellaneous employees and the proposed 2017-18 pay rates for such employees.

The recommended salary increases range from no increase to a 2.89 percent increase, depending on the employee group.  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.

Proposal
That the Board of Education discuss the proposed pay rates for substitute and miscellaneous employees for the 2017-18 school year.

Attachments:
10. SECOND READING, RECOMMENDED FOR ACTION
10.1. Evaluation and Evaluation Summary for the Superintendent of Schools
Rationale: 
Annually, the Board of Education evaluates the Superintendent of Schools.  The 2016-17 evaluation of Steve Joel, Superintendent, has been completed and will be recommended for approval to be placed in his personnel file. A copy of the public summary of the Superintendent’s evaluation is attached.

Explanation
The annual evaluation of Steve Joel, Superintendent, has been completed and will be placed in his personnel file and the public summary thereof is attached.

Proposal
That the Board of Education approve the Superintendent’s 2016-17 evaluation to be placed in his personnel file and the public summary thereof.
Attachments:
10.2. Proposed Contract with the Superintendent of Schools
Rationale: 

Annually, the Board of Education evaluates and reviews the contract of the Superintendent of Schools.  The 2016-17 evaluation of Steve Joel, Superintendent, is in the process of being completed and has been recommended for consideration to be placed in his personnel file, and his contract is being recommended for extension and increased compensation. Copies of a public summary of the Superintendent’s evaluation are available, and the proposed contract for approval is attached.

Explanation
It is recommended that the current contract for the Superintendent be amended and approved. The proposed contract is attached.

Proposal
That the Board of Education approve the extension and compensation increase and the proposed contract for approval.

Attachments:
10.3. Proposed Contracts with the Associate Superintendents for Instruction, Business Affairs, and Human Resources and the Assistant Superintendent for General Administration and Governmental Relations
Rationale: 

Explanation
Annually, the Board of Education reviews the contracts of the Associate Superintendent for Instruction, the Associate Superintendent for Business Affairs, the Associate Superintendent for Human Resources, and the Assistant Superintendent for General Administration and Governmental Relations.

It is recommended that the proposed two-year contract for each of the three Associate Superintendents and the Assistant Superintendent be amended and extended for one year to June 30, 2019.  It is also recommended that a total salary increase of 2.09 percent, overall total package increase of 2.50 percent, be approved for this group for 2017-18.  Each contract is within the parameters set by the Board of Education.

Included in the total package increase for each of the three Associate Superintendents and the Assistant Superintendent are all district costs including the district’s contributions to health insurance, state retirement, and Social Security.

The proposed contracts are attached.

Proposal
That the Board of Education ratify the recommended one-year contract extensions and total salary increases of 2.09 percent (overall total package compensation increases of 2.50 percent) for the Associate Superintendent for Instruction, the Associate Superintendent for Business Affairs, the Associate Superintendent for Human Resources, and the Assistant Superintendent for General Administration and Governmental Relations.

10.4. From Board Committees
10.4.1. 2017-18 Transportation Plan
Rationale: 
Each spring a transportation plan is prepared for the following school year.  District policy 3710 is reviewed and recommendations for operational changes are solicited from individual school buildings and various departments.  Schedules are prepared and a summary of needs is balanced against staff and equipment available to the district.  Each year a review of all routes for the current year are reconsidered.

Explanation
The Lincoln Public Schools Transportation Department will transport only those students who qualify under provisions of state law, including:

1.  Elementary and Middle School students residing more than four (4) miles from the school in the attendance area within which they reside.

2.  Special Education students whose individual education plan (IEP) require transportation as essential to learning.

3.  Students who have been moved for the benefit of the district to relieve overcrowding, due to major facility renovations, efficiency in use of buildings and/or staff.

In addition, the Board, at its discretion, may approve other transportation areas based upon unique circumstances and for the purpose of equalizing school enrollments and facilitating programs. Attached is a tentative listing of all routes recommended for the 2017-18 school year.

Proposal
That the Board approve the 2017-18 Transportation Plan.
Attachments:
10.4.2. Elementary Boundary Change Recommendations
Rationale: 

The Planning Committee monitors city growth, building utilization, student enrollment trends, and development throughout the school year.  Growth in the Firethorn area near 84th Street and Pioneers Boulevard continues with new platting and housing lot development.  This new development and the proposed platting would leave some single lots as being located partly within two different elementary attendance areas (the current Morley attendance area and the current Pyrtle attendance area).  Attachment One reflects the existing attendance area boundaries of Morley Elementary School and Pyrtle Elementary School and illustrates the case.

Explanation
To eliminate single lots being located partly within two different elementary attendance areas and the attendant confusion about the proper school attendance area the property is located in, a boundary change is being recommended. It is recommended that, beginning with the 2017-18 school year and continuing until further modified, the Morley Elementary School and the Pyrtle Elementary School attendance boundaries be modified as shown on the map attached to this agenda item as Attachment Two.

Proposal
That the Board approve the Planning Committee’s elementary school attendance area boundary change proposal reflected in Attachment Two.

Attachments:
10.4.3. Enterprise Resource Planning (ERP) Project #7886
Rationale: 
Proposals were requested from interested vendors to provide an Enterprise Resource Planning (ERP) system, implementation services, and maintenance to replace the current AS400 ERP system that is over 30 years old.  The contract would be effective from June 24, 2017, through August 31, 2022.

Explanation
It is recommended that Lincoln Public Schools enter into an agreement with Infor Public Sector Inc. (Alpharetta, Georgia).

The contract provides for software, maintenance, training, hardware, and implementation services.

This will be an estimated expenditure of $6,535,970.52 from the Depreciation Fund.

Proposal
The Board, by approving this agreement with Infor Public Sector 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, implement, and/or terminate 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 Purchasing, 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.
10.4.4. Policy 5505 - Wellness Policy
Rationale: 
The USDA’s Final Wellness Regulations (adopted on July 29, 2016) requires public school districts to take measures to adopt a “Final Wellness Policy.” These requirements apply to districts that receive federal monies for breakfast and lunch programs.  Policy 8001, Statement of Purpose, states the Board’s intent to “encourage a basic understanding of and aid the development of good health habits.”

Explanation

Policy 5505 has been revised to reflect the required language as shared in the USDA’s Final Wellness Regulations and align with the Board’s purpose.  A committee, including physical education, nutrition services, wellness, and administrative staff constructed the policy language and the companion language in regulations 5505.1 and 1112.1.  Final procedures and implementation of the policy will come from the work of the LPS Wellness Committee during the 2017-18 school year.

Proposal

That the Board approve the changes to Policy 5505.
Attachments:
10.4.5. Policy 8110 - Board Operating Procedures: Number of Members and Terms of Office
Rationale: 
One of the purposes of the Policy Review and Revision Committee is to ensure that Lincoln Public Schools policies “provide clarity for the work of the Board.” When clarifying information comes forward, policies may be revised to reflect such information.

Explanation
This revision of Policy 8110 clarifies the appointment and removal of officers of the Board.

Proposal
That the Board approve the changes to Policy 8110.
Attachments:
10.4.6. Policy 8121 - Board Operating Procedures: President
Rationale: 
One of the purposes of the Policy Review and Revision Committee is to ensure that Lincoln Public Schools policies “provide clarity for the work of the Board.”  When new information about the work of the Board becomes known, policies may be updated to reflect this new information.

Explanation
Unless Board members are excused for their absences from Board meetings, they risk vacating their seats on the Board.  This revision of Policy 8121 clarifies the role of the President of the Board in excusing absences to avoid this circumstance.

Proposal

That the Board approve the changes to Policy 8121.
Attachments:
10.5. From the Superintendent
10.5.1. McKinney-Vento Homeless Assistance Grant
Rationale: 

The McKinney-Vento Homeless Assistance Act is the primary piece of federal legislation dealing with the education of children and youth experiencing homelessness.  The McKinney-Vento program is designed to address the problems that homeless children and youth have faced in enrolling, attending, and succeeding in school.  Under this program, State educational agencies (SEAs) and Local educational agencies (LEAs) must ensure that each homeless child and youth has equal access to the same free, appropriate public education, including a public preschool education, as other children and youth.  Homeless children and youth should have access to the educational and other services that they need to enable them to meet the same challenging State student academic achievement standards to which all students are held.  States and districts are required to review and undertake steps to revise laws, regulations, practices, or policies that may act as a barrier to the enrollment, attendance, or success in school.

Explanation
The LPS Homeless Outreach Advocate works with families experiencing homelessness to arrange transportation services for children to attend school and works with families to provide other supports that create a more stable environment for children experiencing homelessness. LPS will use funds received through the McKinney-Vento Act to continue to support the salary of the Homeless Outreach Advocate and to pay transportation costs for homeless children to attend school.  

Proposal
That the Board approve the submission of the McKinney-Vento Grant application for approximately $44,000.00 with the final allocation to be determined by the State of Nebraska and dependent upon grants awarded to other applicants. This grant requires a 100% match from Title 1. Title 1 funds have been used in past years to cover the required match for this grant.

The grant application is due June 30, 2017.

11. EXPEDITED/EMERGENCY ACTIONS
12. ITEM(S) REMOVED FROM CONSENT AGENDA
13. INFORMATIONAL ITEMS/REPORTS
13.1. From Board Committees
13.1.1. Refunding Series 2009 Bond Issue Results
Rationale: 

The Lincoln School District issued $100,000,000 in general obligation school bonds on February 11, 2009.  The bonds were the second series of bonds issued for funding a comprehensive ten-year facilities improvement plan.  Bond principal and interest are scheduled to be repaid through January 15, 2039.

Explanation
On June 21, 2017, Lincoln Public Schools completed the process of issuing bonds related to the advanced refunding of the general obligation school bonds originally issued on February 11, 2009.  The district issued $80,345,000 of refunding bonds.  Based on very favorable market conditions, the net present value savings (as a percentage of refunded bonds) is 16.382 percent or $13,579,279.  The present value savings represent interest cost savings to the taxpayers.

Proposal
Information item; no Board action required.

13.2. From The Career Academy
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 May 31, 2017, is attached.

Proposal
Information item; no Board action required.
Attachments:
14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale: 

June 29:  Public Budget Forum, 7 pm, North Star High School

July 11:   Board Work Session, 4:30 pm, LPSDO
             

 
15. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  • Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
  • A time limit of five minutes will be allotted for any speaker.  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.
  • Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment.  A "Record of Appearance" card is provided for this purpose.
  • Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
  • 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.
  • If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
  • Persons speaking to the Board during public comment may hand out printed materials to the Board but may not use any other form of media.
  • If at any time persons appearing before the Board exceed the time limitations or become abusive in language or behavior, the Chair may declare that person out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting. 
16. REQUEST FOR CLOSED SESSION
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.

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.

PROPOSAL:

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
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